Guam § 35316 - Special Rules of Evidence and Procedure.

§ 35316. 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 (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 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.

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(f) In a proceeding under this Act, 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 Act.

(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

Act.

(j) A voluntary acknowledgment of paternity, certified as a true

copy, is admissible to establish parentage of the child.