State Codes and Statutes

Statutes > North-carolina > Chapter_52C > GS_52C-3-315

§52C‑3‑315.  Special rules of evidence and procedure.

(a)        The physicalpresence of the petitioner in a responding tribunal of this State is notrequired for the establishment, enforcement, or modification of a support orderor the rendition of a judgment determining parentage.

(b)        A verifiedpetition, affidavit, document substantially complying with federally mandatedforms, and a document incorporated by reference in any of them, not excludedunder the hearsay rule if given in person, is admissible in evidence if givenunder oath by a party or witness residing in another state.

(c)        A copy of therecord of child support payments certified as a true copy of the original bythe custodian of the record may be forwarded to a responding tribunal. The copyis evidence of facts asserted in it and is admissible to show whether paymentswere made.

(d)        Copies of bills fortesting for parentage, and for prenatal and postnatal health care of the motherand child, furnished to the adverse party at least 10 days before trial, areadmissible in evidence to prove the amount of the charges billed and that thecharges were reasonable, necessary, and customary.

(e)        Documentaryevidence transmitted from another state to a tribunal of this State bytelephone, telecopier, or other means that do not provide an original writingmay not be excluded from evidence on an objection based on the means oftransmission.

(f)         In a proceedingunder this Chapter, a tribunal of this State may permit a party or witnessresiding in another state to be deposed or to testify by telephone, audiovisualmeans, or other electronic means at a designated tribunal or other location inthat state. A tribunal of this State shall cooperate with tribunals of otherstates in designating an appropriate location for the deposition or testimony.

(g)        If a party calledto testify at a civil hearing refuses to answer on the ground that thetestimony may be self‑incriminating, the trier of fact may draw anadverse inference from the refusal.

(h)        A privilege againstdisclosure of communication between spouses does not apply in a proceedingunder this Chapter.

(i)         The defense ofimmunity based on the relationship of husband and wife or parent and child doesnot apply in a proceeding under this Chapter. (1995, c. 538, s. 7(c).)

State Codes and Statutes

Statutes > North-carolina > Chapter_52C > GS_52C-3-315

§52C‑3‑315.  Special rules of evidence and procedure.

(a)        The physicalpresence of the petitioner in a responding tribunal of this State is notrequired for the establishment, enforcement, or modification of a support orderor the rendition of a judgment determining parentage.

(b)        A verifiedpetition, affidavit, document substantially complying with federally mandatedforms, and a document incorporated by reference in any of them, not excludedunder the hearsay rule if given in person, is admissible in evidence if givenunder oath by a party or witness residing in another state.

(c)        A copy of therecord of child support payments certified as a true copy of the original bythe custodian of the record may be forwarded to a responding tribunal. The copyis evidence of facts asserted in it and is admissible to show whether paymentswere made.

(d)        Copies of bills fortesting for parentage, and for prenatal and postnatal health care of the motherand child, furnished to the adverse party at least 10 days before trial, areadmissible in evidence to prove the amount of the charges billed and that thecharges were reasonable, necessary, and customary.

(e)        Documentaryevidence transmitted from another state to a tribunal of this State bytelephone, telecopier, or other means that do not provide an original writingmay not be excluded from evidence on an objection based on the means oftransmission.

(f)         In a proceedingunder this Chapter, a tribunal of this State may permit a party or witnessresiding in another state to be deposed or to testify by telephone, audiovisualmeans, or other electronic means at a designated tribunal or other location inthat state. A tribunal of this State shall cooperate with tribunals of otherstates in designating an appropriate location for the deposition or testimony.

(g)        If a party calledto testify at a civil hearing refuses to answer on the ground that thetestimony may be self‑incriminating, the trier of fact may draw anadverse inference from the refusal.

(h)        A privilege againstdisclosure of communication between spouses does not apply in a proceedingunder this Chapter.

(i)         The defense ofimmunity based on the relationship of husband and wife or parent and child doesnot apply in a proceeding under this Chapter. (1995, c. 538, s. 7(c).)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_52C > GS_52C-3-315

§52C‑3‑315.  Special rules of evidence and procedure.

(a)        The physicalpresence of the petitioner in a responding tribunal of this State is notrequired for the establishment, enforcement, or modification of a support orderor the rendition of a judgment determining parentage.

(b)        A verifiedpetition, affidavit, document substantially complying with federally mandatedforms, and a document incorporated by reference in any of them, not excludedunder the hearsay rule if given in person, is admissible in evidence if givenunder oath by a party or witness residing in another state.

(c)        A copy of therecord of child support payments certified as a true copy of the original bythe custodian of the record may be forwarded to a responding tribunal. The copyis evidence of facts asserted in it and is admissible to show whether paymentswere made.

(d)        Copies of bills fortesting for parentage, and for prenatal and postnatal health care of the motherand child, furnished to the adverse party at least 10 days before trial, areadmissible in evidence to prove the amount of the charges billed and that thecharges were reasonable, necessary, and customary.

(e)        Documentaryevidence transmitted from another state to a tribunal of this State bytelephone, telecopier, or other means that do not provide an original writingmay not be excluded from evidence on an objection based on the means oftransmission.

(f)         In a proceedingunder this Chapter, a tribunal of this State may permit a party or witnessresiding in another state to be deposed or to testify by telephone, audiovisualmeans, or other electronic means at a designated tribunal or other location inthat state. A tribunal of this State shall cooperate with tribunals of otherstates in designating an appropriate location for the deposition or testimony.

(g)        If a party calledto testify at a civil hearing refuses to answer on the ground that thetestimony may be self‑incriminating, the trier of fact may draw anadverse inference from the refusal.

(h)        A privilege againstdisclosure of communication between spouses does not apply in a proceedingunder this Chapter.

(i)         The defense ofimmunity based on the relationship of husband and wife or parent and child doesnot apply in a proceeding under this Chapter. (1995, c. 538, s. 7(c).)