407.5316 Special rules of evidence and procedure.
414 words·~2 min read·
/ky/chapter-407/407-5316A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)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.
(2)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.
(3)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.
(4)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.
(5)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.
(6)In a proceeding under KRS 407.5101 to 407.5902, 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.
(7)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.
(8)A privilege against disclosure of communications between spouses does not apply
in a proceeding under KRS 407.5101 to 407.5902.
(9)The defense of immunity based on the relationship of husband and wife or parent
and child does not apply in a proceeding under KRS 407.5101 to 407.5902.
(10)A voluntary acknowledgment of paternity, certified as a true copy, is admissible to
establish parentage of the child.