Indiana Code - Family Law and Juvenile Law - Title 31, Section 31-18-3-16

Special rules of evidence and procedure

Sec. 16. (a) The physical presence of the petitioner in a
responding Indiana tribunal is not required:
(1) for establishing, enforcing, or modifying a support order; or
(2) for a judgment of paternity.
(b) A verified petition, affidavit, or document substantially
complying with federally mandated forms and a document
incorporated by reference in any of them, not excluded under the
hearsay rule if given in person, is admissible into evidence if given
under oath by a party or witness residing in another 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 certified copy is:
(1) evidence of facts asserted in the copy; and
(2) admissible to show whether payments were made.
(d) Copies of bills for:
(1) paternity testing; and
(2) prenatal and postnatal health care of the mother and child;
furnished to the adverse party at least ten (10) days before trial are
admissible into evidence to prove the amount of the charges billed
and that the charges were reasonable, necessary, and customary.
(e) Documentary evidence transmitted from another state to an
Indiana tribunal by telephone, telecopier, or other means that do not
provide an original writing 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 may
permit a party or witness residing in another state to be deposed or
to testify by telephone, audiovisual means, or other electronic means

at:

(1) a designated tribunal; or
(2) another designated location in the other state.

The deposition or testimony must be conducted while the party or
witness is under oath. An Indiana tribunal shall cooperate with a
tribunal in another state 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 who are parties to the proceeding does not apply in a
proceeding under this article.

As added by P.L.1-1997, SEC.10.

Last modified: May 24, 2006