518C.316 SPECIAL RULES OF EVIDENCE AND PROCEDURE.
(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 chapter, 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
(h) A privilege against disclosure of communications between spouses does not apply in a
proceeding under this chapter.
(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 chapter.
History: 1994 c 630 art 3 s 16