N.Y. Family Court Act § 580-316: Special rules of evidence and procedure

§ 580-316. Special rules of evidence and procedure. (a) 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.

(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 this 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 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 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 this state to a

tribunal of this state 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, 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

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 paternity, certified as a true copy,

is admissible to establish parentage of the child.