40-6-113. Evidence relating to paternity. Evidence relating to paternity may include:

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Terms Used In Montana Code 40-6-113

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.

(1)evidence of sexual intercourse between the mother and alleged father at any possible time of conception;

(2)an expert’s opinion concerning the statistical probability of the alleged father’s paternity based upon the duration of the mother’s pregnancy;

(3)paternity test results, weighted in accordance with evidence, if available, of the statistical probability of the alleged father’s paternity;

(4)medical or anthropological evidence relating to the alleged father’s paternity of the child based on tests performed by experts. If a man has been identified as a possible father of the child, the court may, and upon request of a party shall, require the child, the mother, and the man to submit to appropriate tests; and

(5)all other evidence relevant to the issue of paternity of the child.