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Home » US Law » 2022 West Virginia Code » Chapter 62. Criminal Procedure » Article 6B. Protection and Preservation of Statements and Testimony of Child Witness » §62-6B-3. Findings of Fact Required for Taking Testimony of Child Witness by Closed-Circuit Television; Considerations for Court

(a) Upon a written motion filed by the prosecuting attorney, the child's attorney or the child's guardian ad litem, and upon findings of fact determined pursuant to subsection (b) of this section, a circuit court may order that the testimony of a child witness may be taken at a pretrial proceeding or at trial through the use of live, closed-circuit television.

(b) Prior to ordering that the testimony of a child witness may be taken through the use of live, closed-circuit television, the circuit court must find by clear and convincing evidence, after conducting an evidentiary hearing on this issue, that:

(1) The child is an otherwise competent witness;