Print Version
Previous PageFile uploaded: 4/3/2012

Rule 29A. Visual recording ofstatement or testimony of child victim or witness of sexual or physical abuse -Conditions of admissibility.

(a) In any delinquency proceeding or proceeding under Section 78A-6-702or Section 78A-6-703 concerning a charge of child abuse or of a sexual offenseagainst a child, the oral statement of a victim or other witness younger than14 years of age that was recorded prior to the filing of a petition is, uponmotion and for good cause shown, admissible as evidence in any court proceedingregarding the offense if all of the following conditions are met:

(a)(1) the child is available to testify and to be cross-examined attrial, either in person or as provided by law, or the child is unavailable totestify at trial, but the minor had a previous opportunity to cross-examine thechild concerning the recorded statement, such that the minor?s rights ofconfrontation are not violated;

(a)(2) no attorney for either party is in the child's presence when thestatement is recorded;

(a)(3) the recording is visual and aural and is recorded on film orvideotape or by other electronic means;

(a)(4) the recording is accurate and has not been altered;

(a)(5) each voice in the recording is identified;

(a)(6) the person conducting the interview of the child in therecording is present at the proceeding and is available to testify and becross-examined by either party;

(a)(7) the minor and the minor?s attorney are provided an opportunityto view the recording before it is shown to the court; and

(a)(8) the court views the recording and determines that it issufficiently reliable and trustworthy and that the interest of justice willbest be served by admission of the statement into evidence.

(b) In any delinquency proceeding or proceeding under Section 78A-6-702or Section 78A-6-703 concerning a charge of child abuse or of a sexual offenseagainst a child, the court upon motion of a party and for good cause shown, mayorder that the testimony of any victim or other witness younger than 14 yearsof age be taken in a room other than the courtroom. All of the followingconditions shall be observed:

(b)(1) Only the judge, attorneys for each party, the testifying child(if any), persons necessary to operate equipment, and a counselor or therapistwhose presence contributes to the welfare and emotional well-being of the childmay be in the room during the child?s testimony. The minor who consents to behidden from the child's view may also be present unless, the court determinesthat the child will suffer serious emotional or mental strain if required totestify in the minor?s presence, or that the child's testimony will beinherently unreliable if required to testify in the minor?s presence. If thecourt makes that determination, or if the minor consents:

(b)(1)(A) the minor may not be present during the child's testimony;

(b)(1)(B) the court shall ensure that the child cannot hear or see theminor ;

(b)(1)(C) the court shall advise the child prior to testifying that theminor is present at the trial and may listen to the child's testimony;

(b)(1)(D) the minor shall be permitted to observe and hear the child'stestimony, and the court shall ensure that the minor has a means of two-waytelephonic communication with defense counsel during the child's testimony; and

(b)(1)(E) the conditions of a normal court proceeding shall beapproximated as nearly as possible.

(b)(2) Only the judge and attorneys may question the child.

(b)(3) As much as possible, persons operating equipment shall beconfined to an adjacent room or behind a screen or mirror so the child cannotsee or hear them.

(b)(4) If the minor is present with the child during the child?stestimony, the court may order that persons operating the closed circuitequipment film both the child and the minor during the child?s testimony, sothat the court may view both the child and the minor, if that may be arrangedwithout violating other requirements of Subsection (b)(1).

(c) In any delinquency proceeding or proceeding under Section 78A-6-702or 78A-6-703 concerning a charge of child abuse or of a sexual offense againsta child, the court may order, upon motion of a party and for good cause shown,that the testimony of any victim or other witness younger than 14 years of agebe taken outside the courtroom and be recorded. That testimony is admissible asevidence, for viewing in any court proceeding regarding the charges if theprovisions of Subsection (b) are observed, in addition to the followingprovisions:

(c)(1) the recording is both visual and aural and recorded on film orvideotape or by other electronic means;

(c)(2) the recording is accurate and is not altered;

(c)(3) each voice on the recording is identified; and

(c)(4) each party is given an opportunity to view the recording beforeit is shown in the courtroom.

(d) If the court orders that the testimony of a child be taken underSubsection (b) or (c), the child may not be required to testify in court at anyproceeding where the recorded testimony is used.