Montana Code 46-16-228. Hearing — procedure — evidence that may be received — protection for child witness
46-16-228. Hearing — procedure — evidence that may be received — protection for child witness. (1) A court shall conduct a hearing on a motion made under 46-16-227.
Terms Used In Montana Code 46-16-228
- Court: means a place where justice is judicially administered and includes the judge of the court. See Montana Code 46-1-202
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
- Offense: means a violation of any penal statute of this state or any ordinance of its political subdivisions. See Montana Code 46-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Witness: means a person whose testimony is desired in a proceeding or investigation by a grand jury or in a criminal action, prosecution, or proceeding. See Montana Code 46-1-202
(2)The prosecution, if the prosecution made the motion pursuant to 46-16-227, or the defense, if the defense made the motion pursuant to 46-16-227, shall present evidence at the hearing made on the motion to prove the need for an order under 46-16-229.
(3)In ruling on the motion, the court shall consider the following factors:
(a)the age and maturity of the child witness;
(b)the possible effect that testifying in person might have on the child witness;
(c)the extent of the trauma that the child witness has already suffered;
(d)the nature of the testimony to be given by the child witness;
(e)the nature of the offense;
(f)threats made to the child witness or the child witness’s family in order to prevent or dissuade the child witness from attending or giving testimony at any trial or court proceeding;
(g)conduct on the part of the defendant or the defendant’s attorney that causes the child witness to be unable to continue the child witness’s testimony; and
(h)any other matter that the court considers relevant.
(4)The court may consider hearsay evidence of reports or testimony by psychologists who have examined or treated the child witness.