- Alaska Statutes.
- Title 25. Marital and Domestic Relations
- Chapter 25. Uniform Interstate Family Support Act
- Section 316. Special Rules of Evidence and Procedure.
previous: Section 315. Nonparentage as Defense.
next: Section 317. Communications Between Tribunals.
AS 25.25.316. Special Rules of Evidence and Procedure.
- (a) The physical presence of the petitioner in a responding 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.
- (b) A verified complaint or comparable pleading, 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 10 days before trial or other proceeding, 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 this state 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 this state 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 this state 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.
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Last modified 8/31/2005