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This entry was published on 2014-09-22
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SECTION 342.1
The fact-finding hearing; order of procedure
Family Court Act (FCT) CHAPTER 686, ARTICLE 3, PART 4
§ 342.1. The fact-finding hearing; order of procedure. The order of
the fact-finding hearing shall be as follows:

1. The court shall permit the parties to deliver opening addresses. If
both parties deliver opening addresses, the presentment agency's address
shall be delivered first.

2. The presentment agency must offer evidence in support of the
petition.

3. The respondent may offer evidence in his defense.

4. The presentment agency may offer evidence in rebuttal of the
respondent's evidence, and the respondent may then offer evidence in
rebuttal of the presentment agency's evidence. The court may in its
discretion permit the parties to offer further rebuttal or surrebuttal
evidence in this pattern. In the interest of justice, the court may
permit either party to offer evidence upon rebuttal which is not
technically of a rebuttal nature but more properly a part of the
offering party's original case.

5. At the conclusion of the evidence, the respondent shall have the
right to deliver a summation.

6. The presentment agency shall then have the right to deliver a
summation.

7. The court must then consider the case and enter a finding.