78B-15-613 - Admissibility of results of genetic testing -- Expenses.
78B-15-613. Admissibility of results of genetic testing -- Expenses.
(1) Except as otherwise provided in Subsection (3), a record of a genetic-testing expert isadmissible as evidence of the truth of the facts asserted in the report unless a party objects to itsadmission within 14 days after its receipt by the objecting party and cites specific grounds forexclusion. Unless a party files a timely objection, testimony shall be in affidavit form. Theadmissibility of the report is not affected by whether the testing was performed:
(a) voluntarily or pursuant to an order of the tribunal; or
(b) before or after the commencement of the proceeding.
(2) A party objecting to the results of genetic testing may call one or more genetic-testingexperts to testify in person or by telephone, video conference, deposition, or another methodapproved by the tribunal. Unless otherwise ordered by the tribunal, the party offering thetestimony bears the expense for the expert testifying.
(3) If a child has a presumed or declarant father, the results of genetic testing areinadmissible to adjudicate parentage unless performed:
(a) pursuant to Section 78B-15-503;
(b) within the time periods set forth in this chapter; and
(c) pursuant to a tribunal order or administrative process; or
(d) with the consent of both the mother and the presumed or declarant father.
(4) If a child has an adjudicated father, the results of genetic testing are inadmissible tochallenge paternity except as set forth in Sections 78B-15-607 and 78B-15-608.
(5) Copies of bills for genetic testing and for prenatal and postnatal health care for themother and child which are furnished to the adverse party not less than 10 days before the date ofa hearing are admissible to establish:
(a) the amount of the charges billed; and
(b) that the charges were reasonable, necessary, and customary.
Renumbered and Amended by Chapter 3, 2008 General Session