USA – ARKANSAS Law and Practice Contributed by: Kathleen Egan, Hannah Lange and Aaron Bundy, Bundy Law
3.4 ADR See 2.9 Alternative Dispute Resolution (ADR) . 3.5 Media Access and Transparency See 2.8 Media Access and Transparency .
If a child will be testifying in open court, the child’s competency to testify should be deter - mined by the trial judge as a preliminary matter (Rule 104(a) of the Arkansas Rules of Evidence). Courts have rejected a precise age at which a child would become competent to testify (Hog - gard v State, 277 Ark 117, 122 (1982)). The court must also make findings on the record that the child is able to understand the differ - ence between telling the truth and telling a lie, that they have observed relevant events, and that they can accurately recall relevant events. There are safeguards in place to protect any child who testifies in an open court, such as the presence of a support person or even the pres - ence of a certified facility dog to provide comfort and reassurance to the child (Section 16-42-102 and Section 16-43-1002 of the Arkansas Anno - tated Code).
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