Introduction of certified therapeutic dog--Motion--Contents

Before the introduction of a certified therapeutic dog into the courtroom, the party desiring to utilize the presence of a certified therapeutic dog shall, outside the presence of the jury, file a motion containing the following information: (1) The credentials of the certified therapeutic dog; (2) The credentials of the certified handler; (3) That the certified therapeutic dog is adequately insured; (4) That a basic relationship has been established between the child witness, or the witness having a developmental disability, and the certified therapeutic dog in anticipation of testimony; (5) That the certified therapeutic dog is capable of sitting quietly for extended periods of time; and (6) That the presence of the certified therapeutic dog may reduce anxiety experienced by the child witness or the witness having a developmental disability while testifying in the criminal trial or hearing. Source: SL 2020, ch 102 , § 2. 23A-24-12 . Certified handlers--Limitations. If the court grants a motion pursuant to § 23A-24-11 , the certified handler may accompany the certified therapeutic dog to the witness stand with the child witness or the witness having a developmental disability and remain with the certified therapeutic dog for the duration of the witness' testimony without interfering with any juror's view of the witness. The certified handler may either sit to the side of the witness stand or behind the witness stand. Source: SL 2020, ch 102 , § 3.