15-25-32
Section 15-25-32 Out-of-court statement - Requirements for admissibility. An out-of-court statement
may be admitted as provided in Section 15-25-31, if: (1) The child testifies at the proceeding,
or testifies by means of video tape deposition as provided by Section 15-25-2, or testifies
by means of closed circuit television as is provided in Section 15-25-3, and at the time of
such testimony is subject to cross-examination about the out-of-court statements; or (2)a.
The child is found by the court to be unavailable to testify on any of these grounds: 1. The
child's death; 2. The court finds that there are reasonable grounds to believe that the defendant
or someone acting on behalf of the defendant has intentionally removed the child from the
jurisdiction of the court; 3. The child's total failure of memory; 4. The child's physical
or mental disability; 5. The child's incompetency, including the child's inability to communicate
about the offense because of fear or a similar reason; or...
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15-25-34
Section 15-25-34 Corroborative evidence prerequisite to admission of statement. Before a statement
may be admitted pursuant to this article on the grounds that the child declarant is unavailable
as a witness, such statement may be admitted only if there is corroborative evidence of the
act. (Acts 1989, No. 89-876, p. 1754, §4.5.)...
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15-25-37
Section 15-25-37 Factors in considering trustworthiness of statement. In determining whether
a statement possesses particularized guarantees of trustworthiness under Section 15-25-32(2)b,
the court shall consider any one, but is not limited to, the following factors: (1) The child's
personal knowledge of the event; (2) The age and maturity of the child; (3) Certainty that
the statement was made, including the credibility of the person testifying about the statement;
(4) Any apparent motive the child may have to falsify or distort the event, including bias,
corruption, or coercion; (5) The timing of the child's statement; (6) Whether more than one
person heard the statement; (7) Whether the child was suffering from pain or distress when
making the statement; (8) The nature and duration of any alleged abuse; (9) Whether the child's
young age makes it unlikely that the child fabricated a statement that represents a graphic,
detailed account beyond the child's knowledge and experience;...
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11-51-72
Section 11-51-72 Procedure for recovery of taxes erroneously paid. Any person or his agent
or the heir or personal representative of such person who owns property subject to taxation
in said municipality and who, through a mistake or error in the assessment or collection of
taxes, has paid to the municipality through the county tax collector money that was not due
from him for taxes may file a petition with the council, board of commissioners, or other
governing body of said municipality asking that a warrant be drawn in his favor refunding
to him the money paid and received by the municipality. The council, board of commissioners,
or other governing body of said municipality shall examine into the facts and evidence offered
by the petitioner in support of the allegations of his petition and, if proper and full proof
of the same is made, the council, board of commissioners, or other governing body of said
municipality must allow said claim to the amount of municipal taxes received and...
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15-25-31
Section 15-25-31 Out-of-court statement - When admissible. An out-of-court statement made by
a child under 12 years of age at the time the statement is made concerning an act that is
a material element of any crime involving child physical offense, sexual offense, and exploitation,
as defined in Section 15-25-39, which statement is not otherwise admissible in evidence, is
admissible in evidence in criminal proceedings, if the requirements of Section 15-25-32 are
met. (Acts 1989, No. 89-876, p. 1754, §2; Acts 1994, No. 94-704, p. 1359, §1; Act 2016-354,
§2.)...
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43-2-663
Section 43-2-663 Contest. Any person interested may appear and contest any statement in the
petition or complaint and may examine the parties or any other witness and may introduce any
legal evidence in support of his contest. (Acts 1953, No. 687, p. 939, §5.)...
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12-15-122
Section 12-15-122 Issuance and service of summonses generally; waiver of service of summonses.
(a) After a petition alleging delinquency, in need of supervision, or dependency has been
filed, the juvenile court shall direct the issuance of summonses to be directed to the child
if he or she is 12 or more years of age, to the parents, legal guardian, or other legal custodian,
and to other persons who appear to the juvenile court to be proper or necessary parties to
the proceedings, requiring them to appear personally before the juvenile court at the time
fixed to answer or testify as to the allegations of the petition. Where the legal custodian
is summoned, the parent or legal guardian, or both, shall also be served with a summons. (b)
A copy of the petition shall be attached to each summons. (c) The summons shall direct the
parents, legal guardian, or other legal custodian having the custody or control of the child
to bring him or her to the hearing. (d) An adult who is a party may...
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12-15-138
Section 12-15-138 Power of juvenile courts to enter protection or restraint ex parte order;
when order may be entered; purpose of order. The juvenile court, at any time after a dependency
petition has been filed, or on an emergency basis, may enter an order of protection or restraint
to protect the health or safety of a child subject to the proceeding. (Acts 1991, No. 91-661,
p. 1265, §1; §12-15-150; amended and renumbered by Act 2008-277, p. 441, §9.)...
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15-23-74
Section 15-23-74 Right to present evidence, statement, etc., during sentencing or restitution
proceedings. The victim has the right to present evidence, an impact statement, or information
that concerns the criminal offense or the sentence during any pre-sentencing, sentencing,
or restitution proceeding. (Acts 1995, No. 95-583, p. 1234, §15.)...
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30-3C-9
Section 30-3C-9 Hearing on petition to prevent abduction. (a) If a petition is filed under
this chapter, the court may set a preliminary hearing as necessary, and shall cause to be
issued all summonses and notices as required by law and otherwise deemed necessary and appropriate.
Should the court determine from the petition, or on evidence presented at a preliminary hearing,
that no emergency or temporary orders are appropriate, then the court shall set the petition
for a final hearing at such time as the court deems appropriate and as the best interests
of the child require. (b) If, at a hearing on a petition under this chapter, the court after
reviewing the evidence finds a credible risk of abduction of the child, the court shall enter
an abduction prevention order. The order must include the provisions required by subsection
(c), specifying measures that are reasonably calculated to prevent abduction of the child
and giving due consideration to the custody and visitation rights of...
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