Motion To Permit Testimony By Alternative Method {10-571}

10-571. Motion to permit testimony by alternative method. STATE OF NEW MEXICOCOUNTY OF JUDICIAL DISTRICTIN THE CHILDREN222S COURTSTATE OF NEW MEXICO ex rel.CHILDREN, YOUTH AND FAMILIES DEPARTMENTNo. In the Matter of, (a) Child(ren), and Concerning , Respondent(s).MOTION TO PERMIT TESTIMONY BY ALTERNATIVE METHODCOMES NOW ,1 Movant, and requests leave for ,Child, to testify before the Court by alternative method. In support of this Motion, Movant statesthe following:1.Movant222s relationship to Child is as follows: .2.Child is expected to testify at the (type of hearing) setbefore the Court on (date) at (time).3.Movant seeks an order of the Court permitting Child to testify via the followingalternative method2: .4.Permitting Child to testify by alternative method is necessary to serve Child222s bestinterests or to enable Child to communicate with the Court.35.The reasons supporting testimony by alternative method are as follows: (selectand explain your reasoning for all that apply) [ ]The nature of the hearing: . [ ]The age and maturity of Child: .[ ]The relationship of Child to the parties in the proceeding: .[ ]the nature and degree of mental or emotional harm that Child may suffer in American LegalNet, Inc. www.FormsWorkFlow.com testifying: .[ ]other: .6.Other alternative methods reasonably available for protecting the interests of orreducing mental or emotional harm to Child include: .Movant, however, requests the particular method described in this Motion because . 7.Other means for protecting the interests of or reducing mental or emotional harmto Child without resort to an alternative method include: .Movant, however, requests the particular method described in this Motion because . 8.This is an abuse and neglect proceeding where Child will need to testify aboutdifficult and sensitive subject matter, including: . 9.Child222s proposed testimony is necessary to enable the Court to make a fullyinformed ruling in this proceeding. 10.The nature and degree of mental or emotional harm that Child may suffer if analternative method is not used are as follows: . 11.Other reasons supporting testimony by alternative method include4: .12.Child222s best interests and the Court222s interest in enabling Child to communicatewith the Court outweigh the other parties222 interests implicated by Child222s testimony byalternative method.513.Movant requests the following additional measures to protect Child222s bestinterests and to enable Child to communicate with the Court: .614.The additional measures requested in Paragraph 13 are necessary because .15.Counsel for the other parties [concur] [do not concur] in the relief requested inthis Motion. American LegalNet, Inc. www.FormsWorkFlow.com WHEREFORE, Movant respectfully requests the Court to enter an order as follows:1.Finding and concluding that the alternative method of testimony requested in thisMotion is necessary to serve Child222s best interests or enable Child to communicate with theCourt; 2.Permitting Child to testify by alternative method at the (type of hearing) set in this matter on (date); 3.Setting forth the following additional measures to protect Child222s best interestsand to enable Child to communicate with the Court: ; and4.Awarding any other relief as the Court sees fit and just.Respectfully Submitted: By :Movant222s attorney CERTIFICATE OF SERVICEThis is to certify that a true and accurate copy of the foregoing was mailed or faxed to allparties of record on this (date).USE NOTE 1.This motion may be brought by a party, a child witness, or an individualdetermined by the court to have a sufficient connection to the child to act on behalf of the child.See Rule 10-340(A) NMRA.2.Alternative methods of testimony may include testimony by closed circuittelevision, deposition, closed forum, or any other method that would serve the best interests ofthe child or enable the child to communicate with the court.3.Rule 10-340 NMRA and the Uniform Child Witness Protective Measures Act,NMSA 1978, 247 38-6A-1 to -9, permit courts to allow testimony from children by alternativemethods if allowing testimony by the alternative method is necessary to serve the best interests ofthe child or allow the child to communicate with the finder of fact. See Rule 10-340(B); NMSA1978 247 38-6A-5(B). Additionally, Rule 11-611(A)(3) NMRA allows the court to control themode and order of interrogation and presentation of testimony of a witness.4.An alternative method of testimony may be preferable because it would enable the American LegalNet, Inc. www.FormsWorkFlow.com child to more fully express the child222s position or because the child has a disability or atherapeutic need that supports an alternative method of testimony.5.For a discussion of the rights implicated by permitting a child to testify byalternative method in an abuse and neglect proceeding, see In re Pamela A.G., 2006-NMSC-019,266 12, 139 N.M. 459, 463, 134 P.3d 746, 750.6.Additional safeguards may include requiring certain individuals or categories ofindividuals to be allowed in or excluded from the child222s presence during some or all of thechild222s testimony, imposing special conditions on the other parties222 ability to examine or cross-examine the child, or placing conditions or limitations upon the participation of individualspresent during the child222s testimony. See Rule 10-340(D) NMRA.[Approved by Supreme Court Order No. 16-8300-017, effective for all cases pending or filed onor after December 31, 2016.] American LegalNet, Inc. www.FormsWorkFlow.com