H12-CP07-011247-A



H12- : SUPERIOR COURT

H12-

H12- : JUVENILE MATTERS

IN RE: : AT HARTFORD

: DATE

MOTION IN LIMINE

The Respondent father, JOHN DOE, through the undersigned, respectfully requests this Court to suppress the below-stated portions of Petitioner’s supporting Affidavit dated xx/xx/xx, or such portions as the Court seems fit, from evidence at the hearing for the Orders of Temporary Custody:

(1) Paragraph 1 (except for the first two lines):

All information in this paragraph is based upon inadmissible hearsay. The Petitioner must not be allowed to meet its burden of proof simply by entering inadmissible hearsay statements into evidence.

Paragraph 1 contains inadmissible hearsay statements allegedly made by qualified mandated reporters. Pursuant to Conn. Gen. Stat. § 46b-129(g), statements made by mandated reporters must be contained in separate affidavits. Alternatively, such statements must be offered through the live testimony of the hearsay declarants. Id.

(2) Paragraph 2(h)

All information in this section is based upon inadmissible hearsay. The Petitioner must not be allowed to meet its burden of proof simply by entering inadmissible hearsay statements into evidence. Paragraph 2(h) contains inadmissible hearsay statements allegedly made by qualified mandated reporters. Pursuant to Conn. Gen. Stat. § 46b-129(g), statements made by mandated reporters must be contained in separate affidavits. Alternatively, such statements must be offered through the live testimony of the hearsay declarants. Id.

(3) Paragraph 3 (except for first sentence)

All information in this paragraph is based upon inadmissible hearsay. The Petitioner must not be allowed to meet its burden of proof simply by entering inadmissible hearsay statements into evidence. Paragraph 3 contains inadmissible hearsay statements allegedly made by qualified reporters. Such information should be contained in separate affidavits pursuant to Conn. Gen. Stat. 46b-129(g) or entered through live testimony of the hearsay declarants.

(4) All references in the affidavit to the results of drug tests or screens should be suppressed as inadmissible hearsay. The actual tests should be produced at trial and properly introduced as formal exhibits. Conn. Gen. Stat. § 52-180.

(5) Paragraphs 21 and 22.

All information in these paragraphs is based upon inadmissible hearsay. The Petitioner must not be allowed to meet its burden of proof simply by entering inadmissible hearsay statements into evidence. Pursuant to Practice Book Section 6-7, evidence of conviction of a crime may be introduced only by the specific individual’s testimony or by introduction of a certified copy of the conviction history.

WHEREFORE, the undersigned respectfully moves the Court to suppress the above-stated portions of Petitioner’s supporting Affidavit dated x/xx/xx, or such portions as the Court seems fit, from evidence at the hearing for the Orders of Temporary Custody AND to suppress the introduction of such information through any other form of inadmissible hearsay.

ORAL ARGUMENT REQUESTED

TESTIMONY NOT NECESSARY

RESPECTFULLY SUBMITTED,

________________________________

ATTORNEY FOR THE RESPONDENT-FATHER

ORDER

The foregoing Motion, having been presented, IT IS HEREBY ORDERED:

GRANTED/DENIED

BY THE COURT

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CERTIFICATION

I hereby certify that a copy of the foregoing was hand-delivered on DATE of all counsel of record, as follows:

Assistant Attorney General (in-hand)

________________________________

Commissioner of the Superior Court

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