Section 325.2. The probable-cause hearing; order of proceeding  


Latest version.
  • 1. The order
      of  a  probable-cause  hearing  held  pursuant to section 325.1 or 322.2
      shall be as follows:
        (a) the presentment agency must call and examine witnesses  and  offer
      evidence in support of the charge;
        (b)  the  respondent  may,  as  a  matter of right, testify in his own
      behalf; if the  respondent  so  testifies,  his  testimony  may  not  be
      introduced  against  him in any future proceeding, except to impeach his
      testimony at such future proceeding as inconsistent prior testimony;
        (c) upon request of the respondent, the court shall, except  for  good
      cause  shown,  permit  him  to  call  and  examine other witnesses or to
      produce other evidence in his behalf.
        2. Each witness, whether called by the presentment agency  or  by  the
      respondent, must, unless he would be authorized to give unsworn evidence
      at  a  fact-finding hearing, testify under oath. Each witness, including
      any respondent testifying in his own behalf, may be cross-examined.
        3. Only  non-hearsay  evidence  shall  be  admissible  to  demonstrate
      reasonable  cause  to  believe  that  the  respondent committed a crime;
      except that reports of  experts  and  technicians  in  professional  and
      scientific  fields  and  sworn  statements  of the kinds admissible at a
      hearing upon a felony complaint in a criminal  court  may  be  admitted,
      unless  the  court  determines, upon application of the respondent, that
      such hearsay evidence is, under  the  particular  circumstances  of  the
      case,  not  sufficiently reliable, in which case the court shall require
      that the witness testify in person and be subject to cross-examination.
        4. Such hearing should be completed at one session. In the interest of
      justice, however, it  may  be  adjourned  by  the  court,  but  no  such
      adjournment may be for more than one court day.