Rule 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 1013. 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 proceedings. 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.

Committee Notes

(Amended June 14, 2024, to take effect Jan. 1, 2025.) amended June 14, 2024, to take effect Jan. 1, 2025.)