(a) Applicability. This rule applies to all proceedings under Rules 4 and 9. (b) Child Witnesses. A party seeking to call as a witness a minor child who is not a subject of the proceeding must request permission of the court. If the court finds that the testimony of the child is necessary to assist the court in determining the issue before it and that the evidence sought is not reasonably available by any other means and is otherwise admissible, the court may allow the testimony under such conditions, including appointment of a guardian ad litem or an attorney to represent the child, as it deems appropriate to protect the child. (c) Order of Appointment. In appointing a guardian ad litem under this rule, the court shall issue an order containing any directions to the guardian that the court deems necessary for the protection of the child. (d) Role of Guardian ad Litem. (1)In Pretrial Proceedings. At any conference or pretrial proceeding, if a guardian ad litem has been appointed, the guardian ad litem shall, prior to the proceeding, submit to the court and the parties a list of all of his or her activities carried out pursuant to the court’s order issued under (c) and, if requested by the court, may make a brief oral statement on the record as to matters that will help the court formulate issues for further pretrial procedure and trial. The guardian ad litem’s oral statement will not be considered evidence. (2)In Evidentiary Hearings. If a guardian ad litem has been appointed, the guardian ad litem shall be present at any evidentiary hearing at which the child is to testify to provide assistance and support for the child as directed by the court in the order of appointment issued under (c). The guardian ad litem may not be called as a witness unless an attorney for the child has been appointed and the testimony of the guardian ad litem would be directly probative of a contested fact as to which no other person could be employed or subpoenaed to testify. The court may appoint a replacement for a guardian ad litem who is called as a witness.
