25-1256

25-1256. Special evidence and
procedure

A. The physical presence of a nonresident party who is an individual in a tribunal
proceeding 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. An affidavit, a document substantially complying with federally mandated forms
or a document incorporated by reference in any affidavit or mandated form that would not
be excluded under the hearsay rule if given in person is admissible in evidence if given
under penalty of perjury 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, fax or other means that do not provide an original record shall 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 shall 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 refusal.

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.

J. A voluntary acknowledgment of paternity, certified as a true copy, is admissible
to establish parentage of the child.