Utah Code 78B-15-613. Admissibility of results of genetic testing — Expenses
Current as of: 2024 | Check for updates
|
Other versions
(1) Except as otherwise provided in Subsection (3) , a record of a genetic-testing expert is admissible as evidence of the truth of the facts asserted in the report unless a party objects to its admission within 14 days after its receipt by the objecting party and cites specific grounds for exclusion. Unless a party files a timely objection, testimony shall be in affidavit form. The admissibility of the report is not affected by whether the testing was performed:
Terms Used In Utah Code 78B-15-613
- Adjudicated father: means a man who has been adjudicated by a tribunal to be the father of a child. See Utah Code 78B-15-102
- 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.
- Child: means an individual of any age whose parentage may be determined under this chapter. See Utah Code 78B-15-102
- Declarant father: means a male who, along with the biological mother claims to be the genetic father of a child, and signs a voluntary declaration of paternity to establish the man's paternity. See Utah Code 78B-15-102
- 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.
- Father: means a parent who is of the male sex. See Utah Code 68-3-12.5
- Genetic testing: means an analysis of genetic markers to exclude or identify a man as the father or a woman as the mother of a child. See Utah Code 78B-15-102
- Mother: means a parent who is of the female sex. See Utah Code 68-3-12.5
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Utah Code 78B-15-102
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Tribunal: means a court of law, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage. See Utah Code 78B-15-102
(1)(a) voluntarily or pursuant to an order of the tribunal; or(1)(b) before or after the commencement of the proceeding.
(2) A party objecting to the results of genetic testing may call one or more genetic-testing experts to testify in person or by telephone, video conference, deposition, or another method approved by the tribunal. Unless otherwise ordered by the tribunal, the party offering the testimony bears the expense for the expert testifying.
(3) If a child has a presumed or declarant father, the results of genetic testing are inadmissible to adjudicate parentage unless performed:
(3)(a) pursuant to Section 78B-15-503 ;
(3)(b) within the time periods set forth in this chapter; and
(3)(c) pursuant to a tribunal order or administrative process; or
(3)(d) with the consent of both the mother and the presumed or declarant father.
(4) If a child has an adjudicated father, the results of genetic testing are inadmissible to challenge paternity except as set forth in Sections 78B-15-607 and 78B-15-608 .
(5) Copies of bills for genetic testing and for prenatal and postnatal health care for the mother and child which are furnished to the adverse party not less than 10 days before the date of a hearing are admissible to establish:
(5)(a) the amount of the charges billed; and
(5)(b) that the charges were reasonable, necessary, and customary.