Section 5700.316 Of Chapter 3. Civil Provisions Of General Application From California Family Law Code >> Division 9. >> Part 6. >> Chapter 3.
5700.316
. (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 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 part, 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 part.
(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 part.
(j) A voluntary acknowledgment of paternity, certified as a true
copy, is admissible to establish parentage of the child.