454.917. Presence of petitioner for jurisdiction of tribunal, evidence admissible.
Presence of petitioner for jurisdiction of tribunal, evidenceadmissible.
454.917. (a) The physical presence of the petitioner in a respondingtribunal of this state is not required for the establishment, enforcement,or modification of a support order or the rendition of a judgmentdetermining parentage.
(b) A verified petition, affidavit, document substantially complyingwith federally mandated forms, and a document incorporated by reference inany of them, not excluded under the hearsay rule if given in person, isadmissible in evidence if given under oath by a party or witness residingin another state.
(c) A copy of the record of child support payments certified as atrue copy of the original by the custodian of the record may be forwardedto 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 andpostnatal health care of the mother and child, furnished to the adverseparty at least ten days before trial, are admissible in evidence to provethe amount of the charges billed and that the charges were reasonable,necessary, and customary.
(e) Documentary evidence transmitted from another state to a tribunalof this state by telephone, telecopier, or other means that do not providean original writing may not be excluded from evidence on an objection basedon the means of transmission.
(f) In a proceeding under sections 454.850 to 454.997, a tribunal ofthis state may permit a party or witness residing in another state to bedeposed or to testify by telephone, audiovisual means, or other electronicmeans at a designated tribunal or other location in that state. A tribunalof this state shall cooperate with tribunals of other states in designatingan appropriate location for the deposition or testimony.
(g) If a party called to testify at a civil hearing refuses to answeron the ground that the testimony may be self-incriminating, the trier offact may draw an adverse inference from the refusal.
(h) A privilege against disclosure of communications between spousesdoes not apply in a proceeding under sections 454.850 to 454.997.
(i) The defense of immunity based on the relationship of husband andwife or parent and child does not apply in a proceeding under sections454.850 to 454.997.
(L. 1996 H.B. 992, A.L. 1997 S.B. 361)Effective 7-1-97