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The 189th General Court of the Commonwealth of Massachusetts

Section 3-316: Special rules of evidence and procedure

[ Text of section effective until March 31, 2016. For text effective March 31, 2016, see below.]

  Section 3-316. Special rules of evidence and procedure.

  (a) The physical presence of the petitioner in a responding tribunal of the commonwealth is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage.

  (b) A verified petition, affidavit, 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, is admissible in evidence if given under oath by a party or witness residing in another state.

  (c) 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) 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 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) Documentary evidence transmitted from another state to a tribunal of the commonwealth by telephone, telecopier, or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission.

  (f) In a proceeding under this chapter, a tribunal of the commonwealth may 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 the commonwealth shall cooperate with tribunals of other states in designating an appropriate location for the deposition or testimony.

  (g) 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) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.

  (i) 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.

Chapter 209D: Section 3-316. Special rules of evidence and procedure

[ Text of section as recodified by 2016, 53, Sec. 1 effective March 31, 2016 applicable as provided by 2016, 53, Sec. 2. See 2016, 53, Sec. 3. For text effective until March 31, 2016, see above.]

  Section 3-316. Special rules of evidence and procedure.

  (a) The physical presence of a nonresident party who is an individual in a tribunal of the commonwealth 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) 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 the commonwealth.

  (c) 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) 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.

  (e) Documentary evidence transmitted from outside the commonwealth to a tribunal of the commonwealth 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) In a proceeding under this chapter, a tribunal of the commonwealth shall permit a party or witness residing outside the commonwealth 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 the commonwealth shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.

  (g) 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) A privilege against disclosure of communications between spouses does not apply in a proceeding under this chapter.

  (i) 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.

  (j) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.