Legislation

Search OpenLegislation Statutes

This entry was published on 2016-01-08
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 580-316
Special rules of evidence and procedure
Family Court Act (FCT) CHAPTER 686, ARTICLE 5-B, PART 3
§ 580-316. Special rules of evidence and procedure. (a) The physical
presence of a nonresident party who is an individual in a 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 of a child.

(b) An affidavit, a document substantially complying with federally
mandated forms or a document incorporated by reference in any of them,
which would not be excluded under the hearsay rule if given in person,
is admissible in evidence if given under penalty of perjury by a party
or witness residing outside this 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 of a child, 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 outside this state to a
tribunal of this state by telephone, telecopier or other electronic
means that do not provide an original record 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 shall
permit a party or witness residing outside this state to be deposed or
to testify under penalty of perjury by telephone, audiovisual means or
other electronic means at a designated tribunal or other location. A
tribunal of this state shall cooperate with other tribunals 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.

(j) A voluntary acknowledgment of paternity, certified as a true copy,
is admissible to establish parentage of the child.