S.C. Code Ann. § 20-7-1100 – Physical presence of plaintiff in responding tribunal not required in certain proceedings; admissibility and evidentiary value of certain documents; testimony of witness by telephone conference; refusal to testify; spousal privilege; immunity defense | Midpage
§ 20-7-1100
S.C. Code Ann. § 20-7-1100
Physical presence of plaintiff in responding tribunal not required in certain proceedings; admissibility and evidentiary value of certain documents; testimony of witness by telephone conference; refusal to testify; spousal privilege; immunity defense
(A) The physical presence of the plaintiff in a responding 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.
(B) A verified complaint, affidavit, document substantially complying with federally mandated forms, and any document incorporated by reference in any of them, not excluded under the hearsay rule if given in person, is admissible if given in writing and under oath by a party or witness residing in another 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 prima facie evidence of facts asserted in it and is admissible to show whether payments were made.
(D) If copies of bills are furnished to the adverse party at least ten days before the date of an administrative or judicial hearing, the bills for testing for parentage and for prenatal and postnatal health care of the mother and child must be admitted as evidence without third party foundation testimony and are prima facie evidence of the amounts incurred for these testing services and that these amounts that the charges billed were reasonable, necessary, and customary.
(E) Documentary evidence transmitted from another state to a tribunal of this State by telephone, telecopier, or other means that do not provide an original writing may not be excluded from evidence on an objection based on the means of transmission.
(F) In a proceeding under this subarticle, a tribunal of this State may permit a party or witness residing in another state to testify by telephone conference at a designated tribunal or other location in that state. A tribunal of this State shall cooperate with tribunals of other states in designating an appropriate location for a telephone conference.
(G) If a party called to testify at a civil hearing declines to answer on the ground that the testimony may tend to be incriminating, the trier of fact may draw an adverse inference from the refusal to testify.
(H) A privilege against disclosure of spousal communications between the parties does not apply in a proceeding under this subarticle.
(I) A defense of immunity because of the relationship of husband and wife or parent and child does not apply in a proceeding under this subarticle.