{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/20-88.59.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/20-88.59.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/20-88.59.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/20-88.59.html"}],"law_id":64575,"edition_id":1,"section_id":64575,"structure_id":14205,"section_number":"20-88.59","catch_line":"Special rules of evidence and procedure","history":"1994, c. 673; 2005, c. 754; 2015, c. 727; 2020, c. 900.","full_text":"A\n\nThe physical presence of a nonresident party who is an individual in a tribunal of the Commonwealth 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\n\nAn affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them that 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 the Commonwealth.C\n\nA 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\n\nCopies 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 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\n\nDocumentary evidence transmitted from outside the Commonwealth to a tribunal of the Commonwealth by telephone, telecopier, or other electronic means that does not provide an original record may not be excluded from evidence upon an objection based on the means of transmission.F\n\nIn a proceeding under this chapter, a tribunal of the Commonwealth shall permit a party or witness residing outside the Commonwealth 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 the Commonwealth shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.G\n\nIf 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\n\nA privilege against disclosure of communication between spouses does not apply in a proceeding under this chapter.I\n\nThe defense of immunity based on the relationship between spouses or of parent and child does not apply in a proceeding under this chapter.J\n\nA voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.","order_by":null,"text":{"0":{"id":235020,"text":"The physical presence of a nonresident party who is an individual in a tribunal of the Commonwealth is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":235021,"text":"An affidavit, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them that 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 the Commonwealth.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":235022,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":235023,"text":"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 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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":235024,"text":"Documentary evidence transmitted from outside the Commonwealth to a tribunal of the Commonwealth by telephone, telecopier, or other electronic means that does not provide an original record may not be excluded from evidence upon an objection based on the means of transmission.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":235025,"text":"In a proceeding under this chapter, a tribunal of the Commonwealth shall permit a party or witness residing outside the Commonwealth 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 the Commonwealth shall cooperate with other tribunals in designating an appropriate location for the deposition or testimony.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":235026,"text":"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.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":235027,"text":"A privilege against disclosure of communication between spouses does not apply in a proceeding under this chapter.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":235028,"text":"The defense of immunity based on the relationship between spouses or of parent and child does not apply in a proceeding under this chapter.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":235029,"text":"A voluntary acknowledgment of paternity, certified as a true copy, is admissible to establish parentage of the child.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"ancestry":[{"id":14205,"edition_id":1,"name":"Civil Provisions of General Application","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":14136,"metadata":{},"date_created":"2026-06-26 03:47:16","date_modified":"2026-06-26 03:47:16","permalink":{"id":178745,"object_type":"structure","relational_id":14205,"identifier":"5","token":"20\/5.3\/5","url":"\/20\/5.3\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14136,"edition_id":1,"name":"Uniform Interstate Family Support Act","identifier":"5.3","label":"chapter","depth":2,"order_by":1,"parent_id":12711,"metadata":{},"date_created":"2026-06-26 03:46:59","date_modified":"2026-06-26 03:46:59","permalink":{"id":178595,"object_type":"structure","relational_id":14136,"identifier":"5.3","token":"20\/5.3","url":"\/20\/5.3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12711,"edition_id":1,"name":"Domestic Relations","identifier":"20","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":178075,"object_type":"structure","relational_id":12711,"identifier":"20","token":"20","url":"\/20\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":64441,"structure_id":14205,"section_number":"20-88.44","catch_line":"Proceedings under this chapter","url":"\/20-88.44\/","token":"20\/5.3\/5\/20-88.44","metadata":false},{"id":75001,"structure_id":14205,"section_number":"20-88.45","catch_line":"Action by minor parent","url":"\/20-88.45\/","token":"20\/5.3\/5\/20-88.45","metadata":false},{"id":61905,"structure_id":14205,"section_number":"20-88.46","catch_line":"Application of law of the Commonwealth","url":"\/20-88.46\/","token":"20\/5.3\/5\/20-88.46","metadata":false},{"id":78091,"structure_id":14205,"section_number":"20-88.47","catch_line":"Duties of initiating tribunal","url":"\/20-88.47\/","token":"20\/5.3\/5\/20-88.47","metadata":false},{"id":79696,"structure_id":14205,"section_number":"20-88.48","catch_line":"Duties and powers of responding tribunal","url":"\/20-88.48\/","token":"20\/5.3\/5\/20-88.48","metadata":false},{"id":75217,"structure_id":14205,"section_number":"20-88.49","catch_line":"Inappropriate tribunal","url":"\/20-88.49\/","token":"20\/5.3\/5\/20-88.49","metadata":false},{"id":77249,"structure_id":14205,"section_number":"20-88.50","catch_line":"Duties of support enforcement agency","url":"\/20-88.50\/","token":"20\/5.3\/5\/20-88.50","metadata":false},{"id":59933,"structure_id":14205,"section_number":"20-88.51","catch_line":"Duty of Secretary of Health and Human Resources","url":"\/20-88.51\/","token":"20\/5.3\/5\/20-88.51","metadata":false},{"id":55394,"structure_id":14205,"section_number":"20-88.52","catch_line":"Private counsel","url":"\/20-88.52\/","token":"20\/5.3\/5\/20-88.52","metadata":false},{"id":79529,"structure_id":14205,"section_number":"20-88.53","catch_line":"Duties of state information agency","url":"\/20-88.53\/","token":"20\/5.3\/5\/20-88.53","metadata":false},{"id":60367,"structure_id":14205,"section_number":"20-88.54","catch_line":"Pleadings and accompanying documents","url":"\/20-88.54\/","token":"20\/5.3\/5\/20-88.54","metadata":false},{"id":60565,"structure_id":14205,"section_number":"20-88.55","catch_line":"Nondisclosure of information in exceptional circumstances","url":"\/20-88.55\/","token":"20\/5.3\/5\/20-88.55","metadata":false},{"id":60021,"structure_id":14205,"section_number":"20-88.56","catch_line":"Costs and fees","url":"\/20-88.56\/","token":"20\/5.3\/5\/20-88.56","metadata":false},{"id":82163,"structure_id":14205,"section_number":"20-88.57","catch_line":"Limited immunity of petitioner","url":"\/20-88.57\/","token":"20\/5.3\/5\/20-88.57","metadata":false},{"id":60335,"structure_id":14205,"section_number":"20-88.58","catch_line":"Nonparentage as defense","url":"\/20-88.58\/","token":"20\/5.3\/5\/20-88.58","metadata":false},{"id":64575,"structure_id":14205,"section_number":"20-88.59","catch_line":"Special rules of evidence and procedure","url":"\/20-88.59\/","token":"20\/5.3\/5\/20-88.59","metadata":false},{"id":55870,"structure_id":14205,"section_number":"20-88.60","catch_line":"Communications between tribunals","url":"\/20-88.60\/","token":"20\/5.3\/5\/20-88.60","metadata":false},{"id":68397,"structure_id":14205,"section_number":"20-88.61","catch_line":"Assistance with discovery","url":"\/20-88.61\/","token":"20\/5.3\/5\/20-88.61","metadata":false},{"id":81145,"structure_id":14205,"section_number":"20-88.62","catch_line":"Receipt and disbursement of payments","url":"\/20-88.62\/","token":"20\/5.3\/5\/20-88.62","metadata":false}],"previous_section":{"id":60335,"structure_id":14205,"section_number":"20-88.58","catch_line":"Nonparentage as defense","url":"\/20-88.58\/","token":"20\/5.3\/5\/20-88.58","metadata":false},"next_section":{"id":55870,"structure_id":14205,"section_number":"20-88.60","catch_line":"Communications between tribunals","url":"\/20-88.60\/","token":"20\/5.3\/5\/20-88.60","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/20-88.59\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 673<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2005, chapter 754<\/a>; in 2015, chapter 727<\/a>; in 2020, chapter 900<\/a>.<\/p>","references":[{"id":70653,"section_number":"20-88.43:1","catch_line":"Application to nonresident subject to personal jurisdiction","order_by":null,"url":"\/20-88.43_1\/"}],"refers_to":false,"permalink":{"id":178807,"object_type":"law","relational_id":64575,"identifier":"20-88.59","token":"20\/5.3\/5\/20-88.59","url":"\/20-88.59\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/20-88.59\/","token":"20\/5.3\/5\/20-88.59","dublin_core":{"Title":"Special rules of evidence and procedure","Type":"Text","Format":"text\/html","Identifier":"\u00a7 20-88.59","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The physical presence of a nonresident party<\/span> who is an individual in a tribunal<\/span> of the Commonwealth is not required for the establishment, enforcement, or modification of a support order<\/span> or the rendition of a judgment<\/span> determining parentage of a child<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An affidavit<\/span>, a document substantially complying with federally mandated forms, or a document incorporated by reference in any of them that would not be excluded under the hearsay<\/span> rule if given in person<\/span> is admissible<\/span> in evidence<\/span> if given under penalty<\/span> of perjury<\/span> by a party<\/span> or witness<\/span> residing outside the Commonwealth<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A copy of the record<\/span> of child<\/span> support payments certified as a true copy of the original by the custodian of the record<\/span> may be forwarded to a responding tribunal<\/span>. The copy is evidence<\/span> of facts<\/span> asserted in it and is admissible<\/span> to show whether payments were made. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Copies of bills for testing for parentage of a child<\/span>, and for prenatal and postnatal health care of the mother and child<\/span>, furnished to the adverse party<\/span> at least 10 days before trial<\/span>, are admissible<\/span> in evidence<\/span> to prove the amount of the charges billed and that the charges were reasonable, necessary, and customary. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Documentary evidence<\/span> transmitted from outside the Commonwealth<\/span> to a tribunal of the Commonwealth by telephone, telecopier, or other electronic means that does not provide an original record<\/span> may not be excluded from evidence<\/span> upon an objection based on the means of transmission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In a proceeding under this chapter, a tribunal of the Commonwealth shall permit a party<\/span> or witness<\/span> residing outside the Commonwealth<\/span> to be deposed or to testify under penalty<\/span> of perjury<\/span> by telephone, audiovisual means, or other electronic means at a designated tribunal or other location. A tribunal of the Commonwealth shall cooperate with other tribunals<\/span> in designating an appropriate location for the deposition<\/span> or testimony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> If a party<\/span> called to testify at a civil hearing<\/span> refuses to answer on the ground that the testimony<\/span> may be self-incriminating, the trier of fact<\/span> may draw an adverse inference from the refusal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> A privilege<\/span> against disclosure of communication between spouses does not apply in a proceeding under this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> The defense of immunity based on the relationship between spouses or of parent and child<\/span> does not apply in a proceeding under this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> A voluntary acknowledgment of paternity, certified as a true copy, is admissible<\/span> to establish parentage of the child<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSPECIAL RULES OF EVIDENCE AND PROCEDURE (\u00a7 20-88.59)\n\nA. The physical presence of a nonresident party who is an individual in a\ntribunal of the Commonwealth is not required for the establishment, enforcement,\nor modification of a support order or the rendition of a judgment determining\nparentage of a child.\n\nB. An affidavit, a document substantially complying with federally mandated\nforms, or a document incorporated by reference in any of them that would not be\nexcluded under the hearsay rule if given in person is admissible in evidence if\ngiven under penalty of perjury by a party or witness residing outside the\nCommonwealth.\n\nC. A copy of the record of child support payments certified as a true copy of\nthe original by the custodian of the record may be forwarded to a responding\ntribunal. The copy is evidence of facts asserted in it and is admissible to show\nwhether payments were made.\n\nD. Copies of bills for testing for parentage of a child, and for prenatal and\npostnatal health care of the mother and child, furnished to the adverse party at\nleast 10 days before trial, are admissible in evidence to prove the amount of\nthe charges billed and that the charges were reasonable, necessary, and\ncustomary.\n\nE. Documentary evidence transmitted from outside the Commonwealth to a tribunal\nof the Commonwealth by telephone, telecopier, or other electronic means that\ndoes not provide an original record may not be excluded from evidence upon an\nobjection based on the means of transmission.\n\nF. In a proceeding under this chapter, a tribunal of the Commonwealth shall\npermit a party or witness residing outside the Commonwealth to be deposed or to\ntestify under penalty of perjury by telephone, audiovisual means, or other\nelectronic means at a designated tribunal or other location. A tribunal of the\nCommonwealth shall cooperate with other tribunals in designating an appropriate\nlocation for the deposition or testimony.\n\nG. If a party called to testify at a civil hearing refuses to answer on the\nground that the testimony may be self-incriminating, the trier of fact may draw\nan adverse inference from the refusal.\n\nH. A privilege against disclosure of communication between spouses does not\napply in a proceeding under this chapter.\n\nI. The defense of immunity based on the relationship between spouses or of\nparent and child does not apply in a proceeding under this chapter.\n\nJ. A voluntary acknowledgment of paternity, certified as a true copy, is\nadmissible to establish parentage of the child.\n\nHISTORY: 1994, c. 673; 2005, c. 754; 2015, c. 727; 2020, c. 900.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}