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407.5316 Special rules of evidence and procedure.
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The physical presence of the petitioner in a responding tribunal of this state is
not required for the establishment, enforcement, or modification of a support
order or the rendition of a judgment determining parentage.
A verified petition, affidavit, or document substantially complying with federally
mandated forms, and a document incorporated by reference in any of them,
not excluded under the hearsay rule if given in person, is admissible in
evidence if given under oath by a party or witness residing in another state.
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.
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 (10)
days before trial, are admissible in evidence to prove the amount of the
charges billed and that the charges were reasonable, necessary, and
customary.
Documentary evidence transmitted from another state to a tribunal of this state
by telephone, telecopier, or other means that do not provide an original writing
may not be excluded from evidence on an objection based on the means of
transmission.
In a proceeding under KRS 407.5101 to 407.5902, a tribunal of this state may
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.
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.
A privilege against disclosure of communications between spouses does not
apply in a proceeding under KRS 407.5101 to 407.5902.
The defense of immunity based on the relationship of husband and wife or
parent and child does not apply in a proceeding under KRS 407.5101 to
407.5902.
Effective:March 23, 1998
History: Contingent effective date repealed 1998 Ky. Acts ch. 101, sec. 20,
effective March 23, 1998. -- Created 1996 Ky. Acts ch. 365, sec. 40, effective
upon contingency.
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