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§ 7316. Special rules of evidence and procedure

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 23 Pa.C.S.A. Domestic RelationsEffective: December 28, 2015

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 23 Pa.C.S.A. Domestic Relations (Refs & Annos)
Part VIII. Uniform Interstate Family Support (Refs & Annos)
Chapter 73. Civil Provisions of General Application (Refs & Annos)
Effective: December 28, 2015
23 Pa.C.S.A. § 7316
§ 7316. Special rules of evidence and procedure
(a) Physical presence.--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.
(b) Hearsay exception.--A 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, are admissible in evidence if given under penalty of perjury by a party or witness residing outside this 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 of a child 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 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.
(f) Testimony.--In a proceeding under this part, a tribunal of this State may 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.
(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.
(j) Parentage.--A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.

Credits

1996, April 4, P.L. 58, No. 20, § 6, imd. effective. Amended 2015, Dec. 28, P.L. 559, No. 94, § 12, imd. effective.
23 Pa.C.S.A. § 7316, PA ST 23 Pa.C.S.A. § 7316
Current through Act 4 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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