Rule 306 Taking Children's Testimony

(a) Any examination of a child witness shall be conducted in a manner that takes into account the child’s age and developmental level. Such testimony shall be recorded.

(b) When a child testifies, the examination shall be conducted either in chambers or in a courtroom which has been cleared of observers and non-party witnesses.

(c) Upon motion of any party or upon its own initiative and upon good cause shown based upon the best interest of the child, the court may order one or more of the following accommodations:

(1) Arrangement of the courtroom or chambers so that certain individuals are not within the child’s line of vision;

(2) Exclusion of the parties from chambers or the courtroom while the child is testifying; any motion for exclusion of the parties shall be made prior to trial, except in extraordinary circumstances;

(3) Examination of the child through written questions and written answers;

(4) Observation by the parties of the child’s testimony by closed circuit television or other contemporaneous audio-visual transmission;

(5) Examination of the child by the court rather than directly by the parties or attorneys;

(6) Allowing the presence of a properly trained comfort animal;

(7) Permitting the child to have a stuffed animal or similar comfort toy while the child is testifying; or

(8) Permitting the child to be accompanied by a support person who is not a party or a witness.

(d) If the court excludes the parties from chambers or the courtroom while the child is testifying, the court shall ensure the following procedures are followed:

(1) Counsel for the parties and child(ren), including the guardian(s) ad litem, shall be permitted to be present during the child’s testimony.

(2) The court shall inform any party who is not represented by counsel of the right to be represented by counsel and shall appoint counsel if requested by an indigent party who is entitled to an attorney.

(e) If the court examines the child rather than permitting the parties or attorney to directly examine the child, the court shall ensure the following procedures are followed:

(1) The parties or their counsel if represented, the guardian(s) ad litem, and attorney(s) ad litem shall submit written questions to the court prior to the child’s testimony. The court shall ask the questions as written.

(2) If a party or attorney has an objection to a question, he or she may make the objection by raising his or her hand and then submitting the objection in writing. The written objection shall be provided to the party or attorney who wrote the question, and he or she shall be provided an opportunity to respond to the objection, before the court may sustain the objection.

(3) After all of the submitted questions have been asked by the court, the court shall take a recess. During the recess, the attorneys shall have an opportunity to consult with their clients. If a party or attorney wishes to ask additional questions, he or she shall submit the questions in writing prior to the end of the recess.

(4) The court shall continue the above process until there are no further questions for the child from any party or attorney.