2006 Code of Virginia § 20-88.59 - Special rules of evidence and procedure

20-88.59. Special rules of evidence and procedure.

A. The physical presence of a nonresident party who is an individual in atribunal of the Commonwealth is not required for the establishment,enforcement, or modification of a support order or the rendition of ajudgment determining parentage.

B. An affidavit, a document substantially complying with federally mandatedforms, or a document incorporated by reference in any of them that would notbe excluded under the hearsay rule if given in person is admissible inevidence if given under penalty of perjury by a party or witness residing inanother state.

C. A copy of the record of child support payments certified as a true copy ofthe 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 and postnatalhealth care of the mother and child, furnished to the adverse party at least10 days before trial, are admissible in evidence to prove the amount of thecharges billed and that the charges were reasonable, necessary, and customary.

E. Documentary evidence transmitted from another state to a tribunal of theCommonwealth by telephone, telecopier, or other means that does not providean original record may not be excluded from evidence upon an objection basedon the means of transmission.

F. In a proceeding under this chapter, a tribunal of the Commonwealth shallpermit a party or witness residing in another state to be deposed or totestify by telephone, audiovisual means, or other electronic means at adesignated tribunal or other location in that state. A tribunal of theCommonwealth shall cooperate with tribunals of other states in designating anappropriate location for the deposition 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 maydraw an adverse inference from the refusal.

H. A privilege against disclosure of communication between spouses does notapply in a proceeding under this chapter.

I. The defense of immunity based on the relationship of husband and wife orparent and child does not apply in a proceeding under this chapter.

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

(1994, c. 673; 2005, c. 754.)

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