RULE ON EXAMINATION OF A CHILD WITNESS

Case Overview and Summary

Summary of the Rule on Examination of a Child Witness:

Applicability and Objectives (Sections 1-3):
- Governs examination of child witnesses who are victims, accused, or witnesses of crime.
- Applies in criminal and non-criminal proceedings involving child witnesses.
- Aims to create an environment for reliable testimony, minimize trauma, encourage testimony, and facilitate truth.
- Liberally construed to uphold child's best interests and accommodate child witnesses.

Definitions (Section 4):
- Defines terms like "child witness", "child abuse", "facilitator", "record", "guardian ad litem", "support person", "best interests of the child", "developmental level", and "in-depth investigative interview".

Guardian ad litem (Section 5):
- Court may appoint a guardian ad litem to promote child's best interests.
- Outlines duties and responsibilities of the guardian ad litem.
- Guardian ad litem presumed to have acted in good faith.

Competency and Oath (Sections 6-7):
- Child presumed qualified to testify, but court may conduct competency examination.
- Burden of proof lies on party challenging child's competence.
- Child shall take an oath or affirmation to tell the truth.

Examination of Child Witness (Sections 8-24):
- Examination done in open court, unless court allows testimony in other manner.
- Court may appoint interpreter or facilitator to pose questions to child.
- Child may be accompanied by one or two support persons.
- Separate waiting area and comfortable courtroom environment for child.
- Testimony during appropriate hours and with reasonable recesses.
- Use of testimonial aids, emotional security items, and restrictions on approaching witness.
- Control over mode of questioning and allowing leading questions.
- No corroboration required for credible child testimony.
- Excluding public from courtroom and restricting entry/exit during testimony.

Live-Link Television Testimony (Section 25):
- Court may order child's testimony be taken by live-link television if substantial likelihood of trauma.
- Outlines factors to consider and procedures for live-link testimony.

Screens, Mirrors, and Videotaped Deposition (Sections 26-27):
- Court may allow use of screens or devices to shield child from accused.
- Procedures for videotaped deposition of child's testimony.

Hearsay Exception and Investigative Interviews (Sections 28-29):
- Hearsay statement by child describing abuse may be admitted with indicia of reliability.
- Conditions for admitting videotaped or audiotaped investigative interviews.

Sexual Abuse Shield Rule (Section 30):
- Evidence of alleged victim's other sexual behavior or predisposition generally inadmissible.
- Exception for evidence proving another source of physical evidence.
- Procedures for offering such evidence and conducting in-chambers hearing.

Protection of Privacy and Safety (Section 31):
- Records regarding child kept confidential and under seal.
- Videotapes and audiotapes subject to protective order.
- Additional protective orders and publication restrictions.
- Child's right not to testify regarding identifying information.
- Destruction of videotapes and audiotapes after 5 years.
- Privileged records of youthful offender cases.

Applicability of Ordinary Rules (Section 32):
- Rules of Court on deposition, examination, and evidence apply in suppletory character.

Effectivity (Section 33):
- Rule took effect on December 15, 2000 after publication.