CT · rules
Conn. Practice Book § 35a-23
Child’s or Youth’s Hearsay Statement; Residual Exception
(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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