252K.316 - SPECIAL RULES OF EVIDENCE AND PROCEDURE.
252K.316 SPECIAL RULES OF EVIDENCE AND PROCEDURE.
1. The physical presence of the movant 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. 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.
8. A privilege against disclosure of communications between
spouses does not apply in a proceeding under this chapter.
9. 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. Section History: Recent Form
97 Acts, ch 175, §149
Referred to in § 252E.6A, 252K.202, 252K.206