Miss. R. Evid. 617

As amended through March 21, 2024

Rule 617 - Taking Testimony of a Child by Closed Circuit Television

(a)Grounds. On the motion of a person named in subdivision (b), or on its own, the court may order that a child's testimony be taken outside the courtroom and shown in the courtroom by means of closed-circuit television if the court determines that:

(1) the child is under the age of 16 years;

(2) the testimony is that an unlawful sexual act, contact, intrusion, penetration, or other sexual offense was committed on the child; and

(3) there is a substantial likelihood that the child will suffer traumatic emotional or mental distress if compelled to testify:

(A) in open court; and

(B) in a criminal case, in the presence of the accused.

(b)Procedure on the Motion.

(1)Motion. The motion may be filed by:

(A) the child;

(B) the child's attorney, parent, legal guardian, or guardian ad litem;

(C) the prosecutor; or

(D) any party.

(2)Hearing and Order. In ruling on the motion, the court must:

(A) conduct a hearing in camera; and

(B) make specific findings of fact, on the record, as to the basis of the ruling.

(c)Taking Testimony.

(1)Methods. Closed-circuit television testimony may be taken by any method for taking testimony outside the courtroom and showing it in the courtroom that is not inconsistent with the Confrontation Clauses of the United States and Mississippi Constitutions or applicable rules adopted by the Mississippi Supreme Court.

(2)Counsel. All parties must be represented by counsel when testimony is taken.

(3)Criminal Case. If the conditions in subdivision (a) are met in a criminal case, the court may exclude the defendant from the room where the testimony is taken if:

(A) an appropriate private electronic or telephonic device enables the defense attorney to be in continual contact with the defendant; and

(B) the defendant, the court, and the jury can observe the demeanor of the child witness.

(4)Expert Assistance. If the parties agree, the court may appoint a person to aid in formulating methods of questioning the child and to assist the court in interpreting the child's answers. The person appointed must be a child sexual abuse expert who has dealt with the child in a therapeutic setting concerning the offense or act.

(d)Identifying the Defendant. When the child is asked to identify the defendant, both may be present in the courtroom simultaneously.

Miss. R. Evid. 617

Adopted effective 3/27/1991; restyled eff. 7/1/2016.

Advisory Committee Historical Note.

Effective March 27, 1991, the Court adopted Rule 617. 574-576 So. 2d XXVIII (West Miss. Cas. 1991).

Advisory Committee Note

The language of Rule 617 has been amended as part of the general restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. The Rule has been restructured, using fewer subdivisions in favor of additional paragraphs and subparagraphs. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

This rule provides an exceptional procedure for the taking of testimony from children said to have been the victims of sexual abuse. If this rule is applied in a criminal case, the rights of the defendant under the Confrontation Clauses of Federal and State Constitutions must be respected. Maryland v. Craig, 497 U.S. 836, 110 S.Ct. 3157, 111 L.Ed.2d 666 (1990); Coy v. Iowa, 487 U.S. 1012, 108 S.Ct. 2798, 101 L.Ed.2d 857 (1988).

[Amended effective July 1, 2009 to update citations; "Advisory Committee Note" substituted for "Comment," effective June 16, 2016; amended July 1, 2016, to note restyling.]

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