Section 580-316. Special rules of evidence and procedure  


Latest version.
  • (a) The physical
      presence of the petitioner in a responding tribunal of this state is not
      required for  the  establishment,  enforcement,  or  modification  of  a
      support order or the rendition of a judgment determining parentage.
        (b)  A  verified petition, affidavit, document substantially complying
      with federally mandated forms, and a document incorporated by  reference
      in  any of them, not excluded under the hearsay rule if given in person,
      is admissible in evidence if given under oath  by  a  party  or  witness
      residing in another state.
        (c) A copy of the record of child support payments certified as a true
      copy  of the original by the custodian of the record may be forwarded to
      a responding tribunal.  The copy is evidence of facts  asserted  in  it,
      and is admissible to show whether payments were made.
        (d)  Copies  of  bills for testing for parentage, and for prenatal and
      postnatal health care of the mother and child, furnished to the  adverse
      party  at  least  ten  days  before trial, are admissible in evidence to
      prove the amount of  the  charges  billed  and  that  the  charges  were
      reasonable, necessary, and customary.
        (e)  Documentary evidence transmitted from another state to a tribunal
      of this state by telephone, telecopier,  or  other  means  that  do  not
      provide  an  original  writing  may  not be excluded from evidence on an
      objection based on the means of transmission.
        (f) In a proceeding under this article, a tribunal of this  state  may
      permit  a party or witness residing in another state to be deposed or to
      testify by telephone, audiovisual means, or other electronic means at  a
      designated tribunal or other location in that state.  A tribunal of this
      state  shall  cooperate with tribunals of other states in designating an
      appropriate location for the deposition or testimony.
        (g) If a party called to testify at a civil hearing refuses to  answer
      on the ground that the testimony may be self-incriminating, the trier of
      fact may draw an adverse inference from the refusal.
        (h)  A  privilege against disclosure of communications between spouses
      does not apply in a proceeding under this article.
        (i) The defense of immunity based on the relationship of  husband  and
      wife  or  parent  and  child  does  not apply in a proceeding under this
      article.