Okla. Stat. tit. 43, § 43-601-316

This is the official text of Okla. Stat. tit. 43, § 43-601-316, part of Oklahoma’s Stat. tit. 43, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 43,." Browse the sections below, each linked to its official government source.

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Special rules of evidence and procedure

Official statutory text

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, 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 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 of a child, and

for prenatal and postnatal health care of the mother and child,

furnished to the adverse party at least ten (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 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 act, 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 act.

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 act.

J. A voluntary acknowledgment of paternity, certified as a true

copy, is admissible to establish parentage of the child.

Oklahoma Statutes - Title 43. Marriage and Family Page 191

Status: in_force · Read it on the official government site

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