Rule 80.11 - Representation by Guardians ad litem and Attorneys of Child Witnesses(a)Applicability. This rule applies to a proceeding in which a guardian ad litem has not previously been appointed for a minor and a party to a proceeding seeks to call as a witness that minor child.(b)Child Witnesses. A party seeking to call as a witness a minor child must request permission of the court. If the court finds that the testimony of the child is necessary to assist the court in determining the issue before it and that the evidence sought is not reasonably available by any other means and is otherwise admissible, the court may allow the testimony under such conditions, including appointment of a guardian ad litem or an attorney to represent the child, as it deems appropriate to protect the child.(c)Order of Appointment. In appointing a guardian ad litem under this rule, the court shall issue an order containing any directions to the guardian ad litem that the court deems necessary for the protection of the child.(d)Role of Guardian Ad Litem.(1)In Pretrial Proceedings. At any conference or pretrial proceeding if a guardian ad litem has been appointed, the guardian ad litem, if requested by the court, shall prior to the proceeding submit to the court and the parties a list of all of the guardian ad litem's activities carried out pursuant to the court's order issued under (c) and, if requested by the court, may make a brief oral statement on the record as to matters that will help the court formulate issues for further pretrial procedure and trial. The guardian ad litem's oral statement will not be considered evidence.(2)In Evidentiary Hearings. If a guardian ad litem has been appointed, the guardian ad litem shall be present at any evidentiary hearing at which the child is to testify to provide assistance and support for the child as directed by the court in the order of appointment issued under (c). The guardian ad litem may not be called as a witness unless an attorney for the child has been appointed and the testimony of the guardian ad litem would be directly probative of a contested fact as to which no other person could be employed or subpoenaed to testify.Adopted June 12, 2020, eff. 8/18/2020.Reporter's Notes
Rule 80.11 is adapted from V.R.F.P. 7.1 to incorporate that rule as appropriate in Probate proceedings. See Rule 80.11(a) and Reporter's Notes to Rule 80.9(a). The Rule combines and simplifies the procedures under V.R.F.P. 7 and 7.1 by making the same process applicable to a child witness regardless of whether the child is a subject of the proceeding in view of the greater breadth provided by Rule 80.9(a). In most respects the Rule carries forward the process of both family rules. As with V.R.P.P. 80.9, the provision of V.R.F.P. 7.1(d)(2) for replacement of a GAL is not carried forward. See Reporter's Notes to V.R.P.P. 80.9.