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Kentucky · Snapshot 09/05/2026

KRS 407.5316: Special rules of evidence and procedure.

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Where this section sits in the code
  1. KRS Chapter 407

(1) 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.

(2) 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.

(3) 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 asse rted in it, and is admissible to show whether

payments were made.

(4) 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 tri al, are admissible in evidence to prove the amount of the charges

billed and that the charges were reasonable, necessary, and customary.

(5) Documentary evidence transmitted from outside this state to a tribunal of this state

by telephone, telecopier, or o ther electronic means that do not provide an original

record may not be excluded from evidence on an objection based on the means of

transmission.

(6) In a proceeding under KRS 407.5101 to 407.5902, 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 designa ting an appropriate location for the deposition or

testimony.

(7) 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.

(8) A privilege against disclosure of communications between spouses does not apply

in a proceeding under KRS 407.5101 to 407.5902.

(9) The defense of immunity based on the relationship of husband and wife or parent

and child does not apply in a proceeding under KRS 407.5101 to 407.5902.

(10) A voluntary acknowledgment of paternity, certified as a true copy, is admissible to

establish parentage of the child.

Collected 2026-09-05T20:59:34Z. Source file · JSON

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