210.839. Civil action, procedure--admissibility of evidence, parties--default judgment may be entered, when. - Missouri Statutes

Civil action, procedure--admissibility of evidence, parties--defaultjudgment may be entered, when.

210.839. 1. An action filed pursuant to sections 210.817 to 210.852is a civil action governed by the rules of civil procedure. The mother ofthe child and the alleged father are competent to testify and may becompelled to testify. Subsections 2 and 3 of section 210.832 and sections210.834 and 210.836 apply.

2. Testimony relating to sexual access to the mother at a time otherthan the probable period of conception of the child is inadmissible inevidence.

3. In an action against an alleged or presumed father, evidenceoffered by him with respect to a man who is not subject to the jurisdictionof the court concerning his sexual intercourse with the mother at or aboutthe probable period of conception of the child is admissible in evidenceonly if he has undergone and made available to the court the results ofblood tests which do not exclude the possibility of his paternity of thechild. A man who is identified and subject to the jurisdiction of thecourt shall be made a defendant in the action not less than sixty daysprior to trial by the party identifying him. Where such man is not subjectto the jurisdiction of the court, the alleged or presumed father shallprovide all other parties with the name and address of the man at leastthirty days prior to trial. If a male witness is produced at trial for thepurpose stated in this subsection, but the party calling the witness failedto implead such male witness as a party defendant or provide the noticerequired to all other parties, the court may adjourn the proceeding to takea blood test of the witness prior to receiving his testimony, if the courtfinds that the party calling the witness acted in good faith. If the courtdetermines that the party calling the witness did not act in good faith asto the required notice, the court shall not grant a continuance, and suchwitness shall be incompetent to testify.

4. No party shall have a right to trial by jury. Unless apresumption applies pursuant to section 210.822, the burden of proof on allissues shall be preponderance of the evidence.

5. If any party fails to file an answer or otherwise appear inresponse to an action commenced pursuant to sections 210.817 to 210.852within the time prescribed by law or rules of practice of the court, thecourt shall enter judgment against such party by default.

6. Copies of any paid or unpaid bill for pregnancy, childbirth orgenetic testing shall be admitted as evidence without requiring third-partyfoundation testimony if such copies have been provided to all parties notless than seven days prior to trial. Such copies shall constitute primafacie evidence of the amounts incurred for such services or testing.

(L. 1987 S.B. 328 § 14, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361)

Effective 7-1-97

(1998) Amendment eliminating the "right" to a jury trial did not violate the ex post facto clause, Article I, Section 13, of the Missouri Constitution. V.B. v. N.S.B. ex rel. P.M.B., 982 S.W.2d 691 (E.D.Mo.).