Art. 1303.16. Special rules of evidence and procedure
A. 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.
B. An affidavit, 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.
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 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.
F. 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 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.
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.
Acts 1995, No. 251, §1, eff. Jan. 1, 1996; Acts 1997, No. 1241, §1, eff. July 15, 1997;
Acts 2015, No. 80, §1, eff. July 1, 2015.