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§ 10-328. Special rules of evidence and procedure

West's Annotated Code of MarylandFamily LawEffective: July 1, 2015

West's Annotated Code of Maryland
Family Law (Refs & Annos)
Title 10. Support in General (Refs & Annos)
Subtitle 3. Maryland Uniform Interstate Family Support Act (Refs & Annos)
Part III. Civil Provisions of General Application (Refs & Annos)
Effective: July 1, 2015
MD Code, Family Law, § 10-328
§ 10-328. Special rules of evidence and procedure
Physical presence not required
(a) The physical presence of a nonresident party who is an individual in a 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 of a child.
Evidence admissible from party or witness in another state
(b) An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them, which would not be excluded under the hearsay rule if given in person, is admissible in evidence if given under penalty of perjury by a party or witness residing outside this State.
Record of child support payments
(c) 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
(d) Copies of bills for testing for parentage of a child, and for prenatal and postnatal health care of the mother and child, furnished to the adverse party at least 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 from another state
(e) Documentary evidence transmitted from outside this State to a tribunal of this State by telephone, telecopier, or other electronic means that do not provide an original record may not be excluded from evidence on an objection based on the means of transmission.
Deposition or testimony from another state
(f) In a proceeding under this subtitle, a tribunal of this State shall permit a party or witness residing outside this State to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of this State shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.
Self-incriminating testimony
(g) 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.
Husband and wife communications not privileged
(h) Laws attaching a privilege against the disclosure of communications between spouses do not apply to proceedings under this subtitle.
Immunity based on relationship does not apply
(i) The defense of immunity based on the relationship of husband and wife or parent and child does not apply in a proceeding under this subtitle.
Voluntary acknowledgment of paternity
(j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.

Credits

Added as Family Law § 10-324 by Acts 1996, c. 667, § 2, eff. Jan. 1, 1997. Renumbered as Family Law § 10-328 by Acts 1997, c. 609, § 1, eff. July 1, 1997. Amended by Acts 1997, c. 609, § 1, eff. July 1, 1997; Acts 2008, c. 522, § 1, eff. Oct. 1, 2008; Acts 2010, c. 122, § 1, eff. Oct. 1, 2010; Acts 2015, c. 308, § 2, eff. July 1, 2015.
MD Code, Family Law, § 10-328, MD FAMILY § 10-328
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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