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This entry was published on 2014-09-22
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SECTION 325.2
The probable-cause hearing; order of proceeding
Family Court Act (FCT) CHAPTER 686, ARTICLE 3, PART 2
§ 325.2. The probable-cause hearing; order of proceeding. 1. The order
of a probable-cause hearing held pursuant to section 325.1 or 322.2
shall be as follows:

(a) the presentment agency must call and examine witnesses and offer
evidence in support of the charge;

(b) the respondent may, as a matter of right, testify in his own
behalf; if the respondent so testifies, his testimony may not be
introduced against him in any future proceeding, except to impeach his
testimony at such future proceeding as inconsistent prior testimony;

(c) upon request of the respondent, the court shall, except for good
cause shown, permit him to call and examine other witnesses or to
produce other evidence in his behalf.

2. Each witness, whether called by the presentment agency or by the
respondent, must, unless he would be authorized to give unsworn evidence
at a fact-finding hearing, testify under oath. Each witness, including
any respondent testifying in his own behalf, may be cross-examined.

3. Only non-hearsay evidence shall be admissible to demonstrate
reasonable cause to believe that the respondent committed a crime;
except that reports of experts and technicians in professional and
scientific fields and sworn statements of the kinds admissible at a
hearing upon a felony complaint in a criminal court may be admitted,
unless the court determines, upon application of the respondent, that
such hearsay evidence is, under the particular circumstances of the
case, not sufficiently reliable, in which case the court shall require
that the witness testify in person and be subject to cross-examination.

4. Such hearing should be completed at one session. In the interest of
justice, however, it may be adjourned by the court, but no such
adjournment may be for more than one court day.