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Conn. Practice Book § 35a-23

Child’s or Youth’s Hearsay Statement; Residual Exception

activein force · 2025-01-01 – presentact-effective-date

(a) A party who seeks the admission of a hearsay statement of a child or youth pursuant to the

residual exception to the hearsay rule, based

upon psychological unavailability, shall provide a

written notice within a reasonable time before

the trial.

(b) A notice pursuant to subsection (a) shall be

filed with the court and shall be served on all

counsel of record and self-represented parties

when appropriate, in accordance with Section 10-

13. The notice shall identify the proffered statement, the basis for the psychological unavailability

claim and shall be filed within a reasonable time

before the trial.

(c) A party who objects to the introduction of

the child’s or youth’s hearsay statement and challenges the representations contained in the notice

filed pursuant to subsection (b) of this section,

shall file a written objection with the court within

a reasonable time before the trial, stating the reasons therefor.

(d) The judicial authority shall hold an evidentiary hearing to determine the admissibility of the

child’s or youth’s hearsay statement in a manner

that does not unduly delay resolution of the pro -

ceedings. The party seeking to introduce the

statement shall have the burden of proving the

child’s or youth’s psychological unavailability;

specifically, that the child or youth will suffer serious emotional or mental harm if required to testify.

History

(Amended June 14, 2024, to take effect Jan. 1, 2025.) (Adopted June 14, 2013, to take effect Jan. 1, 2014; amended June 14, 2024, to take effect Jan. 1, 2025.)

Provenance

Source
jud.ct.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
38654d1f9b66a103b1a2612d57b93d370d1f08df3ec13ffde8bf67a871206fd2
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Conn. Practice Book § 35a-23 — Child’s or Youth’s Hea… · binding.law