78B-14-316 - Special rules of evidence and procedure.
78B-14-316. Special rules of evidence and procedure.
(1) The physical presence of a nonresident party who is an individual in a tribunal of thisstate is not required for the establishment, enforcement, or modification of a support order or therendition of a judgment determining parentage.
(2) An affidavit, a document substantially complying with federally mandated forms, or adocument incorporated by reference in any of them, which would not be excluded under thehearsay rule if given in person, is admissible in evidence if given under penalty of perjury by aparty or witness residing in another state.
(3) A copy of the record of child-support payments certified as a true copy of the originalby the custodian of the record may be forwarded to a responding tribunal. The copy is evidenceof 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 ofthe mother and child, furnished to the adverse party at least 10 days before trial, are admissible inevidence 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 bytelephone, telecopier, or other means that do not provide an original record may not be excludedfrom evidence on an objection based on the means of transmission.
(6) In a proceeding under this chapter, a tribunal of this state shall permit a party orwitness residing in another state to be deposed or to testify by telephone, audiovisual means, orother electronic means at a designated tribunal or other location in that state. A tribunal of thisstate shall cooperate with tribunals of other states in designating an appropriate location for thedeposition or testimony.
(7) If a party called to testify at a civil hearing refuses to answer on the ground that thetestimony may be self-incriminating, the trier of fact may draw an adverse inference from therefusal.
(8) A privilege against disclosure of communications between spouses does not apply ina proceeding under this chapter.
(9) The defense of immunity based on the relationship of husband and wife or parent andchild does not apply in a proceeding under this chapter.
(10) A voluntary acknowledgment of paternity, certified as a true copy, is admissible toestablish parentage of the child.
Renumbered and Amended by Chapter 3, 2008 General Session