2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 73 - Civil Provisions of General Application
7316 - Special rules of evidence and procedure.

     § 7316.  Special rules of evidence and procedure.
        (a)  Physical presence.--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.
        (b)  Hearsay exception.--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.
        (c)  Payment record.--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)  Bills.--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)  Transmission of documentary evidence.--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.
        (f)  Testimony.--In a proceeding under this part, 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 a tribunal of another state in designating an
     appropriate location for the deposition or testimony.
        (g)  Self-incrimination.--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)  Spousal communications.--A privilege against disclosure
     of communications between spouses does not apply in a proceeding
     under this part.
        (i)  Family immunity.--The defense of immunity based on the
     relationship of husband and wife or parent and child does not
     apply in a proceeding under this part.

        Cross References.  Section 7316 is referred to in sections
     7202, 7206 of this title.