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(750 ILCS 22/316)
Sec. 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 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 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.
(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.
(Source: P.A. 99-119, eff. 1-1-16.)
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