Section 210.839

Title XII PUBLIC HEALTH AND WELFARE

Chapter 210

Effective - 01 Jul 1997, see footnote   

  210.839.  Civil action, procedure — admissibility of evidence, parties — default judgment may be entered, when. — 1.  An action filed pursuant to sections 210.817 to 210.852 is a civil action governed by the rules of civil procedure.  The mother of the child and the alleged father are competent to testify and may be compelled to testify.  Subsections 2 and 3 of section 210.832 and sections 210.834 and 210.836 apply.

  2.  Testimony relating to sexual access to the mother at a time other than the probable period of conception of the child is inadmissible in evidence.

  3.  In an action against an alleged or presumed father, evidence offered by him with respect to a man who is not subject to the jurisdiction of the court concerning his sexual intercourse with the mother at or about the probable period of conception of the child is admissible in evidence only if he has undergone and made available to the court the results of blood tests which do not exclude the possibility of his paternity of the child.  A man who is identified and subject to the jurisdiction of the court shall be made a defendant in the action not less than sixty days prior to trial by the party identifying him.  Where such man is not subject to the jurisdiction of the court, the alleged or presumed father shall provide all other parties with the name and address of the man at least thirty days prior to trial.  If a male witness is produced at trial for the purpose stated in this subsection, but the party calling the witness failed to implead such male witness as a party defendant or provide the notice required to all other parties, the court may adjourn the proceeding to take a blood test of the witness prior to receiving his testimony, if the court finds that the party calling the witness acted in good faith.  If the court determines that the party calling the witness did not act in good faith as to the required notice, the court shall not grant a continuance, and such witness shall be incompetent to testify.

  4.  No party shall have a right to trial by jury.  Unless a presumption applies pursuant to section 210.822, the burden of proof on all issues shall be preponderance of the evidence.

  5.  If any party fails to file an answer or otherwise appear in response to an action commenced pursuant to sections 210.817 to 210.852 within the time prescribed by law or rules of practice of the court, the court shall enter judgment against such party by default.

  6.  Copies of any paid or unpaid bill for pregnancy, childbirth or genetic testing shall be admitted as evidence without requiring third-party foundation testimony if such copies have been provided to all parties not less than seven days prior to trial.  Such copies shall constitute prima facie evidence of the amounts incurred for such services or testing.

­­--------

(L. 1987 S.B. 328 § 14, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361)

Effective 7-1-97

(1998) Amendment eliminating the "right" to a jury trial did not violate the ex post facto clause, Article I, Section 13, of the Missouri Constitution.  V.B. v. N.S.B. ex rel. P.M.B., 982 S.W.2d 691 (E.D.Mo.).