Defendant has requested shock probation and the court has set a hearing to consider the matter.

I would like to present evidence by way of witness affidavits. It will be difficult and expensive to get the live witnesses to the hearing.

I can't find anything saying that the rules of evidence DO NOT apply to a shock hearing, but it seems odd that they would. The court is not even required to hold the shock hearing in the first place. Anyone know of any case law?

TRE 101(b) says they apply to all proceedings unless specifically exempted by statute, and 101(d) doesn't list probation hearings in the list of exemptions. So I would say they do apply.

The judge can deny the Defendant's motion without hearing. I think I will just file a counter motion that includes all of the affidavits and evidence that I have and go from there. If we have the hearing, I will bring the live witnesses.