                                 CODE OF VIRGINIA

SPECIAL RULES OF EVIDENCE AND PROCEDURE (§ 20-88.59)

A. 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.

B. 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.

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 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 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. 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.

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 communication between spouses does not
apply in a proceeding under this chapter.

I. The defense of immunity based on the relationship between spouses or of
parent and child does not apply in a proceeding under this chapter.

J. A voluntary acknowledgment of paternity, certified as a true copy, is
admissible to establish parentage of the child.

HISTORY: 1994, c. 673; 2005, c. 754; 2015, c. 727; 2020, c. 900.