WILLIAM DONALD SCHAEFER, Governor                   Ch. 548

(II) UNLESS THE STATE AND THE DEFENDANT AGREE,
OR THE COURT ORDERS OTHERWISE, THE DEFENDANT SHALL FILE A NOTICE
OF DEPOSITION AT LEAST 5 DAYS BEFORE THE DATE OF THE DEPOSITION;

(III) EXCEPT WHERE INCONSISTENT WITH THIS
PARAGRAPH, THE PROVISIONS OF MARYLAND RULE 4-261 SHALL APPLY TO A
DEPOSITION TAKEN UNDER THIS PARAGRAPH.

(D) IN ORDER TO DETERMINE IF A CHILD'S STATEMENT POSSESSES
PARTICULARIZED GUARANTEES OF TRUSTWORTHINESS UNDER THIS SECTION,
THE COURT MAY CONSIDER ALL RELEVANT CIRCUMSTANCES, INCLUDING, BUT
SHALL CONSIDER, BUT IS NOT LIMITED TO, THE FOLLOWING FACTORS:

(1) THE CHILD'S PERSONAL KNOWLEDGE OF THE EVENT;

(2) THE CERTAINTY THAT THE STATEMENT WAS MADE,
INCLUDING THE CREDIBILITY OF THE PERSON TESTIFYING ABOUT THE
STATEMENT;

(3) ANY APPARENT MOTIVE TO LIE OR FABRICATE OR
EXHIBIT PARTIALITY BY THE CHILD, INCLUDING INTEREST, BIAS,
CORRUPTION, OR COERCION;

(4) WHETHER THE STATEMENT IS WAS SPONTANEOUS OR
DIRECTLY RESPONSIVE TO QUESTIONS;

(5) THE TIMING OF THE DECLARATION STATEMENT;

(6) WHETHER THE CHILD'S YOUNG AGE MAKES IT UNLIKELY
THAT THE CHILD FABRICATED A THE STATEMENT THAT REPRESENTS A
GRAPHIC, DETAILED ACCOUNT BEYOND THE CHILD'S KNOWLEDGE AND
EXPERIENCE AND THE APPROPRIATENESS OF THE TERMINOLOGY TO THE
CHILD'S AGE;

(7) THE NATURE AND DURATION OF THE ABUSE;

(8) THE INNER CONSISTENCY AND COHERENCE OF THE
STATEMENT;

(9) WHETHER THE CHILD WAS SUFFERING PAIN OR DISTRESS
WHEN MAKING THE STATEMENT;

(10) WHETHER EXTRINSIC EVIDENCE EXISTS TO SHOW THE
DEFENDANT'S OPPORTUNITY TO COMMIT THE ACT COMPLAINED OF IN THE
CHILD'S STATEMENT;

(11) WHETHER THE STATEMENT WAS SUGGESTED BY IS
SUGGESTIVE DUE TO THE USE OF LEADING QUESTIONS; AND

(12) WHETHER THE STATEMENT WAS AUDIOTAPED OR

VIDEOTAPED, IF TAPING WOULD HAVE BEEN REASONABLY FEASIBLE.

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