Conn. Practice Book § 5-11 (2026)

Sec. 5-11. Testimony of Party or Child in Family Relations Matter When Protective Order, Restraining Order, Standing Criminal Protective Order or Standing Criminal Restraining Order Issued on Behalf of Party or Child (Amended June 20, 2011, to take effect Jan. 1, 2012.) (a) In any court proceeding in a family relations matter, as defined in General Statutes § 46b-1, or in any proceeding pursuant to General Statutes § 46b-38c, the court may, except as otherwise required by law and within available resources, upon motion of any party, order that the testimony of a party or a child who is a subject of the pro- ceeding be taken outside the physical presence of any other party if a protective order, restraining order, standing criminal protective order or stand- ing criminal restraining order has been issued on behalf of the party or child, and the other party is subject to the protective order or restraining order. Such order may provide for the use of alternative means to obtain the testimony of any party or child, including, but not limited to, the use of a secure video connection for the purpose of con- ducting hearings by videoconference. Such testi- mony may be taken outside the courtroom or at another location inside or outside the state. The court shall provide for the administration of an oath to such party or child prior to the taking of such testimony as required by law. (b) Nothing in this section shall be construed to limit any party’s right to cross-examine a witness whose testimony is taken pursuant to an order under subsection (a) hereof. (c) An order under this section may remain in effect during the pendency of the proceedings in the family relations matter. (Adopted June 21, 2010, to take effect Jan. 1, 2011; amended June 20, 2011, to take effect Jan. 1, 2012.) 181 Sec. 5-12. Objection to the Use of a Peremp- tory Challenge (a) Policy and Purpose. The purpose of this rule is to eliminate the unfair exclusion of potential jurors based upon race or ethnicity. (b) Objection. A party may object to the use of a peremptory challenge to raise a claim of improper bias. The court may also raise this objec- tion on its own. The objection shall be made by simple citation to this rule, and any further discus- sion shall be conducted outside the presence of the prospective juror. (c) Response. Upon objection to the exercise of a peremptory challenge pursuant to this rule, the party exercising the peremptory challenge shall articulate the reason that the peremptory challenge has been exercised. (d) Determination. The court shall then evalu- ate from the perspective of an objective observer, as defined in subsection (e) herein, the reason given to justify the peremptory challenge in light of the totality of the circumstances. If the court determines that the use of the challenge against the prospective juror, as reasonably viewed by an objective observer, legitimately raises the appear- ance that the prospective juror’s race or ethnicity was a factor in the challenge, then the challenge shall be disallowed and the prospective juror shall be seated. If the court determines that the use of the challenge does not raise such an appearance, then the challenge shall be permitted and the pro- spective juror shall be excused. The court need not find purposeful discrimination to disallow the peremptory challenge. The court must explain its ruling on the record. A party whose peremptory challenge has been disallowed pursuant to this rule shall not be prohibited from attempting to challenge peremptorily the prospective juror for any other reason or from conducting further voir dire of the prospective juror. (e) Nature of Observer. For the purpose of this rule, an objective observer: (1) is aware that purposeful discrimination, and implicit, institu- tional, and unconscious biases, have historically resulted in the unfair exclusion of potential jurors on the basis of their race, or ethnicity; and (2) is deemed to be aware of and to have given due consideration to the circumstances set forth in subsection (f) herein. (f) Circumstances considered. In making its determination, the circumstances the court should consider include, but are not limited to, the fol- lowing: (1) the number and types of questions posed to the prospective juror including consideration of whether the party exercising the peremptory challenge failed to question the prospective juror

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