Sec. 16. (a) The physical presence of a nonresident party who is an individual in an Indiana tribunal is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.

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Terms Used In Indiana Code 31-18.5-3-16

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • 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.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
     (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 Indiana.

     (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 Indiana to an Indiana tribunal 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 article, an Indiana tribunal shall permit a party or witness residing outside Indiana to be deposed or to testify under penalty of perjury by telephone, audiovisual means, or other electronic means at:

(1) a designated tribunal; or

(2) another location.

An Indiana tribunal 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 article.

     (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 article.

     (j) A voluntary acknowledgment of parentage, certified as a true copy, is admissible to establish parentage of the child.

As added by P.L.206-2015, SEC.53.

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