WVC 48 - 16 - 316
§48-16-316. 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
(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
(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. The Supreme Court of
Appeals shall promulgate new rules or amend the rules of practice
and procedure for family law to establish procedures pertaining to
the exercise of cross examination in those instances involving the
receipt of testimony by means other than direct or personal
(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.
Note: WV Code updated with legislation passed through the 2015 Regular Session
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