Conn. Practice Book § 35a-23 (2026)

Sec. 35a-23. Child’s or Youth’s Hearsay Statement; Residual Exception (Amended June 14, 2024, to take effect Jan. 1, 2025.) (a) A party who seeks the admission of a hear- say statement of a child or youth pursuant to the residual exception to the hearsay rule, based upon psychological unavailability, shall provide a written notice within a reasonable time before the trial. (b) A notice pursuant to subsection (a) shall be filed with the court and shall be served on all counsel of record and self-represented parties when appropriate, in accordance with Section 10- 13. The notice shall identify the proffered state- ment, the basis for the psychological unavailability claim and shall be filed within a reasonable time before the trial. (c) A party who objects to the introduction of the child’s or youth’s hearsay statement and chal- lenges the representations contained in the notice filed pursuant to subsection (b) of this section, shall file a written objection with the court within a reasonable time before the trial, stating the rea- sons therefor. (d) The judicial authority shall hold an eviden- tiary hearing to determine the admissibility of the child’s or youth’s hearsay statement in a manner that does not unduly delay resolution of the pro- ceedings. The party seeking to introduce the statement shall have the burden of proving the child’s or youth’s psychological unavailability; specifically, that the child or youth will suffer seri- ous emotional or mental harm if required to testify. (Adopted June 14, 2013, to take effect Jan. 1, 2014; amended June 14, 2024, to take effect Jan. 1, 2025.)