VIRGIN ISLANDS RULES OF FAMILY DIVISION PROCEDURE Rule 96. Adjudicatory Hearing

• Jurisdiction: United States

Rule 96. Adjudicatory Hearing

(a) Scheduling of Hearing. The adjudicatory hearing shall be held within 45 days after the advisory hearing, unless all necessary parties stipulate to some other hearing date. Reasonable continuances may be granted for purposes of investigation, discovery, procuring counsel or witnesses, or for other good cause shown.

(b) Preliminary Inquiries. The court shall begin the hearing by determining whether service has been effected on all parties, whether all parties are present, and whether all parties are represented by counsel, and shall have these facts recorded. If the court finds that service has been effected upon an absent party who is represented by counsel who is present, the court may proceed with the hearing.

(c) Conduct of the Hearing. The adjudicatory hearing shall be conducted by the judge without a jury, and the Virgin Islands Rules of Evidence shall apply. At this hearing the court shall determine whether the elements required by law for termination of parental rights have been established by clear and convincing evidence.

(d) Examination of Witnesses. A party may call any person, including a child, as a witness. A party shall have the right to examine or cross-examine all witnesses...