Montana Code Annotated
Part 2. Rules of Evidence for Criminal Cases
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.
(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.
History: En. Sec. 3, Ch. 488, L. 2007.

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