TITLE 9

EVIDENCE

CHAPTER 18

UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT

9-1807.  Order regarding testimony by alternative method. (1) An order allowing or disallowing the presentation of the testimony of a child witness by an alternative method must state the findings of fact and conclusions of law that support the presiding officer’s determination.

(2)  An order allowing the presentation of the testimony of a child witness by an alternative method must state:

(a)  The method by which the testimony is to be presented;

(b)  A list, individually or by category, of the persons either allowed to be present or required to be excluded during the taking of the testimony of the child;

(c)  Any special conditions necessary to facilitate a party’s right to examine or cross-examine the child;

(d)  Any condition or limitation upon the participation of persons present during the taking of the testimony of the child; and

(e)  Any other condition necessary for taking or presenting the testimony.

(3)  The alternative method ordered by the presiding officer must be no more restrictive of the rights of the parties than is necessary under the circumstances to serve the purposes of the order.

History:

[9-1807, added 2003, ch. 152, sec. 2, p. 439.]