State Codes and Statutes

Statutes > Kansas > Chapter23 > Article9 > Statutes_12887

23-9,316

Chapter 23.--DOMESTIC RELATIONS
Part 3.--CIVIL PROVISIONS OF GENERAL APPLICATION
Article 9.--UNIFORM INTERSTATE FAMILY SUPPORT ACT

      23-9,316.   Special rules of evidence and procedure.(a) The physical presence of the petitioner in a respondingtribunal of this state is not required for the establishment, enforcement ormodification of a support order or the rendition of a judgment determiningparentage.

      (b)   A verified petition, affidavit or document substantially complying withfederally mandated forms, and a document incorporated by reference in any ofthem, not excluded under the hearsay rule if given in person, is admissible inevidence if given under oath by a party or witness residing in another state.

      (c)   A copy of the record of child support payments certified as a true copyof the original by the custodian of the record may be forwarded to a respondingtribunal. The copy is evidence of facts asserted in it, and is admissible toshow 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 adverse partyat least 10 days before trial, are admissible in evidence to prove the amountof the charges billed and that the charges were reasonable, necessary andcustomary.

      (e)   Documentary evidence transmitted from another state to a tribunal ofthis state by telephone, telecopies or other means that do not provide anoriginal writing may not be excluded from evidence on an objection based on themeans of transmission.

      (f)   In a proceeding under this act, a tribunal of this state may permit aparty or witness residing in another state to be deposed or to testify bytelephone, audiovisual means or other electronic means at a designated tribunalor other location in that state. A tribunal of this state shall cooperate withtribunals of other states in designating an appropriate location for thedeposition or testimony.

      (g)   If a party called to testify at a civil hearing refuses to answer on theground that the testimony may be self-incriminating, the trier of fact may drawan adverse inference from the refusal.

      (h)   A privilege against disclosure of communications between spouses doesnot apply in a proceeding under this act.

      (i)   The defense of immunity based on the relationship of husband and wife orparent and child does not apply in a proceeding under this act.

      History:   L. 1994, ch. 301, § 59; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter23 > Article9 > Statutes_12887

23-9,316

Chapter 23.--DOMESTIC RELATIONS
Part 3.--CIVIL PROVISIONS OF GENERAL APPLICATION
Article 9.--UNIFORM INTERSTATE FAMILY SUPPORT ACT

      23-9,316.   Special rules of evidence and procedure.(a) The physical presence of the petitioner in a respondingtribunal of this state is not required for the establishment, enforcement ormodification of a support order or the rendition of a judgment determiningparentage.

      (b)   A verified petition, affidavit or document substantially complying withfederally mandated forms, and a document incorporated by reference in any ofthem, not excluded under the hearsay rule if given in person, is admissible inevidence if given under oath by a party or witness residing in another state.

      (c)   A copy of the record of child support payments certified as a true copyof the original by the custodian of the record may be forwarded to a respondingtribunal. The copy is evidence of facts asserted in it, and is admissible toshow 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 adverse partyat least 10 days before trial, are admissible in evidence to prove the amountof the charges billed and that the charges were reasonable, necessary andcustomary.

      (e)   Documentary evidence transmitted from another state to a tribunal ofthis state by telephone, telecopies or other means that do not provide anoriginal writing may not be excluded from evidence on an objection based on themeans of transmission.

      (f)   In a proceeding under this act, a tribunal of this state may permit aparty or witness residing in another state to be deposed or to testify bytelephone, audiovisual means or other electronic means at a designated tribunalor other location in that state. A tribunal of this state shall cooperate withtribunals of other states in designating an appropriate location for thedeposition or testimony.

      (g)   If a party called to testify at a civil hearing refuses to answer on theground that the testimony may be self-incriminating, the trier of fact may drawan adverse inference from the refusal.

      (h)   A privilege against disclosure of communications between spouses doesnot apply in a proceeding under this act.

      (i)   The defense of immunity based on the relationship of husband and wife orparent and child does not apply in a proceeding under this act.

      History:   L. 1994, ch. 301, § 59; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter23 > Article9 > Statutes_12887

23-9,316

Chapter 23.--DOMESTIC RELATIONS
Part 3.--CIVIL PROVISIONS OF GENERAL APPLICATION
Article 9.--UNIFORM INTERSTATE FAMILY SUPPORT ACT

      23-9,316.   Special rules of evidence and procedure.(a) The physical presence of the petitioner in a respondingtribunal of this state is not required for the establishment, enforcement ormodification of a support order or the rendition of a judgment determiningparentage.

      (b)   A verified petition, affidavit or document substantially complying withfederally mandated forms, and a document incorporated by reference in any ofthem, not excluded under the hearsay rule if given in person, is admissible inevidence if given under oath by a party or witness residing in another state.

      (c)   A copy of the record of child support payments certified as a true copyof the original by the custodian of the record may be forwarded to a respondingtribunal. The copy is evidence of facts asserted in it, and is admissible toshow 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 adverse partyat least 10 days before trial, are admissible in evidence to prove the amountof the charges billed and that the charges were reasonable, necessary andcustomary.

      (e)   Documentary evidence transmitted from another state to a tribunal ofthis state by telephone, telecopies or other means that do not provide anoriginal writing may not be excluded from evidence on an objection based on themeans of transmission.

      (f)   In a proceeding under this act, a tribunal of this state may permit aparty or witness residing in another state to be deposed or to testify bytelephone, audiovisual means or other electronic means at a designated tribunalor other location in that state. A tribunal of this state shall cooperate withtribunals of other states in designating an appropriate location for thedeposition or testimony.

      (g)   If a party called to testify at a civil hearing refuses to answer on theground that the testimony may be self-incriminating, the trier of fact may drawan adverse inference from the refusal.

      (h)   A privilege against disclosure of communications between spouses doesnot apply in a proceeding under this act.

      (i)   The defense of immunity based on the relationship of husband and wife orparent and child does not apply in a proceeding under this act.

      History:   L. 1994, ch. 301, § 59; July 1.