Montana Code 40-6-115. Civil action
40-6-115. Civil action. (1) An action under this part 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. Sections 40-6-111(2), 40-6-112, and 40-6-113 apply to all actions brought under this part.
Terms Used In Montana Code 40-6-115
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Paternity test: means a test that demonstrates through examination of genetic markers either that an alleged father is not the natural father of a child or that there is a probability that an alleged father is the natural father of a child. See Montana Code 40-6-102
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Testify: Answer questions in court.
- Testify: means every mode of oral statement under oath or affirmation. See Montana Code 1-1-202
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2)Testimony relating to sexual access to the mother by an unidentified person at any time or by an identified person at a time other than the probable time of conception of the child is inadmissible in evidence, unless offered by the mother.
(3)In an action against an alleged father, evidence offered by the alleged father with respect to a person who is not subject to the jurisdiction of the court concerning sexual intercourse with the mother at or about the probable time of conception of the child is admissible in evidence only if the alleged father has undergone and made available to the court paternity tests, the results of which do not exclude the possibility of the alleged father’s paternity of the child. A person who is identified and is subject to the jurisdiction of the court must be made a defendant in the action.
(4)If a paternity test has been initially ordered under this part and a party objects to the paternity test results, the objection must be filed within 20 days after service of the paternity test results. If an objection is filed, and upon the alleged father’s advance payment for additional testing, the court shall order an additional paternity test. If no objection is made, the test results are admissible as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy. This subsection does not limit the right of a party to contest the identity of persons submitting to testing.
(5)If the alleged father fails to answer or to appear at a scheduled hearing or for a scheduled paternity test, the district court shall enter an order declaring the alleged father the legal father of the child. The district court may not enter an order under this section if there is more than one alleged father unless the default applies to only one of them and all others have been excluded by the results of paternity testing.
(6)Bills for pregnancy, childbirth, and paternity testing are admissible as evidence without third-party foundation testimony and are prima facie evidence of the amounts incurred.