Special rules of evidence and procedure
In child support and parentage cases, people who live in other states do not have to show up in person at a Missouri court. Written statements, documents, bills, and payment records from out-of-state can be used as evidence. People outside Missouri can testify by phone or video. Married couples cannot refuse to share information just because they are married, and family relationships cannot be used as a shield to avoid the case.
454.1593. Special and procedure. — (a) The physical presence of a who is an individual in a of this state is not required for the , , or of a or the determining of a child.
(b) An , a document substantially complying with federally mandated forms, or a document in any of them, which would not be excluded under the if given in person, is if given under by a party or witness residing outside this state.
(c) A copy of the of child support payments as a true copy of the original by the may be forwarded to a . The copy is evidence of facts asserted in it, and is to show whether payments were made.
(d) Copies of bills for testing for parentage of a child, and for and health care of the mother and child, furnished to the 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) transmitted from outside this state to a tribunal of this state by telephone, , or other 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 under sections 454.1500 to 454.1728, a tribunal of this state shall a party or witness residing outside this state to be or to testify under penalty of perjury by telephone, , or other electronic means at a tribunal or other location. A tribunal of this state shall cooperate with other tribunals in designating an location for the or .
(g) If a party called to testify at a civil refuses to on the ground that the testimony may be , the may draw an from the refusal.
(h) A of communications between spouses does not apply in a proceeding under sections 454.1500 to 454.1728.
(i) The of based on the relationship of husband and wife or parent and child does not apply in a proceeding under sections 454.1500 to 454.1728.
(j) A , certified as a true copy, is admissible to establish parentage of the child.
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Source & history notes
(L. 2011 H.B. 260) Effective 6-15-16, see § 454.1728
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