19-A §3016. Special rules of evidence and procedure - Maine Statutes

Title 19-A: DOMESTIC RELATIONS HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF)

Part 3: PARENTS AND CHILDREN HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF)

Chapter 67: UNIFORM INTERSTATE FAMILY SUPPORT ACT HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF)

Subchapter 3: CIVIL PROVISIONS OF GENERAL APPLICATION HEADING: PL 1995, C. 694, PT. B, §2 (NEW); PT. E, §2 (AFF)

§3016. Special rules of evidence and procedure

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2009, c. 95, §87) Physical presence not required. 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.

[ 2003, c. 436, §24 (AMD) .]

1. (TEXT EFFECTIVE ON CONTINGENCY: See PL 2009, c. 95, §87) Physical presence not required. 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.

[ 2009, c. 95, §47 (AMD); 2009, c. 95, §87 (AFF) .]

2. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2009, c. 95, §87) Admissible evidence. An affidavit, a document substantially complying with federally mandated forms or a document incorporated by reference in any of them that 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 in another state.

[ 2003, c. 436, §24 (AMD) .]

2. (TEXT EFFECTIVE ON CONTINGENCY: See PL 2009, c. 95, §87) Admissible evidence. An affidavit, a document substantially complying with federally mandated forms or a document incorporated by reference in any of them that 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.

[ 2009, c. 95, §48 (AMD); 2009, c. 95, §87 (AFF) .]

3. Copy of payment record admissible. 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.

[ 1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF) .]

4. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2009, c. 95, §87) Copies of bills admissible. Copies of bills for testing for parentage 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.

[ 1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF) .]

4. (TEXT EFFECTIVE ON CONTINGENCY: See PL 2009, c. 95, §87) Copies of bills admissible. 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.

[ 2009, c. 95, §49 (AMD); 2009, c. 95, §87 (AFF) .]

5. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2009, c. 95, §87) No objection based on means of transmission. Documentary evidence transmitted from another state to a tribunal of this State by telephone, telecopier or other means that does not provide an original record may not be excluded from evidence on an objection based on the means of transmission.

[ 2003, c. 436, §24 (AMD) .]

5. (TEXT EFFECTIVE ON CONTINGENCY: See PL 2009, c. 95, §87) No objection based on means of transmission. Documentary evidence transmitted from outside this State to a tribunal of this State by telephone, telecopier or other electronic means that does not provide an original record may not be excluded from evidence on an objection based on the means of transmission.

[ 2009, c. 95, §50 (AMD); 2009, c. 95, §87 (AFF) .]

6. (TEXT EFFECTIVE UNTIL CONTINGENCY: See PL 2009, c. 95, §87) Testimony not in person. In a proceeding under this chapter, a tribunal of this State shall permit a party or witness residing in another state to be deposed or to testify by telephone, audiovisual means or other electronic means at a designated tribunal or other location in that state. A tribunal of this State shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony.

[ 2003, c. 436, §24 (AMD) .]

6. (TEXT EFFECTIVE ON CONTINGENCY: See PL 2009, c. 95, §87) Testimony not in person. In a proceeding under this chapter, a tribunal of this State shall permit a party or witness residing outside this State to be deposed or to testify 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.

[ 2009, c. 95, §51 (AMD); 2009, c. 95, §87 (AFF) .]

7. Adverse inference from refusal to answer. 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.

[ 1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF) .]

8. No spousal privilege. A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.

[ 1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF) .]

9. No familial 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 chapter.

[ 1995, c. 694, Pt. B, §2 (NEW); 1995, c. 694, Pt. E, §2 (AFF) .]

10. Voluntary acknowledgment admissible. A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.

[ 2003, c. 436, §25 (NEW) .]

SECTION HISTORY

1995, c. 694, §B2 (NEW). 1995, c. 694, §E2 (AFF). 2003, c. 436, §§24,25 (AMD). 2009, c. 95, §§47-51 (AMD). 2009, c. 95, §87 (AFF).