§ 580-316 — Special rules of evidence and procedure

New York § 580-316

• Jurisdiction: New York
• Law FCT: Family Court Act
• Part 3: Civil Provisions of General Application
• Art. 5-B: Uniform Interstate Family Support Act

Text

§ 580-316. Special rules of evidence and procedure. (a) The physical\npresence of a nonresident party who is an individual in a tribunal of\nthis state is not required for the establishment, enforcement or\nmodification of a support order, or the rendition of a judgment\ndetermining parentage of a child.\n (b) An affidavit, a document substantially complying with federally\nmandated forms or a document incorporated by reference in any of them,\nwhich would not be excluded under the hearsay rule if given in person,\nis admissible in evidence if given under penalty of perjury by a party\nor witness residing outside this state.\n (c) A copy of the record of child support payments certified as a true\ncopy of the original by the custodian of the record may be forwarded to\na responding tribunal. The copy is evidence of facts asserted in it, and\nis admissible to show whether payments were made.\n (d) Copies of bills for testing for parentage of a child, and for\nprenatal and postnatal health care of the mother and child, furnished to\nthe adverse party at least ten days before trial, are admissible in\nevidence to prove the amount of the charges billed and that the charges\nwere reasonable, necessary and customary.\n (e) Documentary evidence transmitted from outside this state to a\ntribunal of this state by telephone, telecopier or other electronic\nmeans that do not provide an original record may not be excluded from\nevidence on an objection based on the means of transmission.\n (f) In a proceeding under this article, a tribunal of this state shall\npermit a party or witness residing outside this state to be deposed or\nto testify under penalty of perjury by telephone, audiovisual means or\nother electronic means at a designated tribunal or other location. A\ntribunal of this state shall cooperate with other tribunals in\ndesignating an appropriate location for the deposition or testimony.\n (g) If a party called to testify at a civil hearing refuses to answer\non the ground that the testimony may be self-incriminating, the trier of\nfact may draw an adverse inference from the refusal.\n (h) A privilege against disclosure of communications between spouses\ndoes not apply in a proceeding under this article.\n (i) The defense of immunity based on the relationship of husband and\nwife or parent and child does not apply in a proceeding under this\narticle.\n (j) A voluntary acknowledgment of paternity, certified as a true copy,\nis admissible to establish parentage of the child.\n