J. MILLARD TAWES, Governor                       1503

den is upon the petitioner or complainant to establish by evidence
so clear, satisfactory, and convincing as to raise in the mind of a
reasonable and unprejudiced person a natural inference that the
defendant is the father of the child or children in question. If the
mother is married, both she and her husband and the putative father
may testify to non access or any other relevant matter.

PUTATIVE FATHER SHALL NOT BE COMPELLED TO GIVE
EVIDENCE AND THE BURDEN IS UPON THE PETITIONER
OR COMPLAINANT TO ESTABLISH, BY THE WEIGHT OF
EVIDENCE REQUIRED IN OTHER CIVIL CASES, THAT THE
DEFENDANT IS THE FATHER OF THE CHILD OR CHILDREN
IN QUESTION. WHEN ANY BILL OR PETITION FILED UNDER
THIS SUBTITLE SHALL ALLEGE, OR THE COURT SHALL DE-
TERMINE AFTER THE COMMENCEMENT OF PROCEEDINGS
THEREUNDER, THAT THE CHILD'S MOTHER WAS MARRIED
AT THE TIME OF THE CHILD'S CONCEPTION; THE PRE-
SUMPTION THAT THE CHILD IS THE LEGITIMATE CHILD
OF HER HUSBAND MAY BE REBUTTED BY THE TESTIMONY
OF PERSONS OTHER THAN THE MOTHER AND HER HUS-
BAND THAT, AT THE TIME THE CHILD WAS CONCEIVED,
THE MOTHER WAS IN FACT LIVING SEPARATE AND APART
FROM HER HUSBAND, AND IT SHALL NOT BE NECESSARY
TO ESTABLISH THE NON-ACCESS OF THE HUSBAND. AFTER
THE COURT SHALL HAVE DETERMINED THAT THE CHILD'S
MOTHER AND HER HUSBAND WERE NOT LIVING TO-
GETHER AS MAN AND WIFE WHEN THE CHILD WAS CON-
CEIVED, BOTH THE MOTHER AND HER HUSBAND SHALL BE
COMPETENT TO TESTIFY AS TO THE NON-ACCESS OF THE
HUSBAND WHEN THE CHILD WAS CONCEIVED OR TO ANY
OTHER RELEVANT MATTER.

(c)  If the defendant alleged to be the putative father desires a
jury trial, he shall request the same in writing at the time he files
a written answer to the bill or petition. If the defendant appears for
trial without having filed a written answer, the Court shall advise
him of his right to have the issue of paternity tried by a jury, and
the defendant shall make his election at that time. If the defendant
then elects to waive a jury trial, he shall sign a statement to that
effect in such form as the Court prescribes, and the waiver shall be
filed with the other papers in the case and duly noted on the docket.

(d)  If the defendant alleged to be the putative father elects a jury
trial, the jury to be used shall be empanelled by the Court from the
jurors in attendance upon the law or criminal court in the county or
city where the proceedings are pending; or, if there be no jurors in
attendance, the Court shall forthwith select twenty (20) good and
lawful persons from the names upon the regular jury list of the
last jury term of the law or criminal court in said county or city
to be summoned to attend as jurors in the case. The summoning of
said jurors, the empanelling of a jury of twelve (12) persons from
said regular panel or from said list of jurors so summoned, and the
trial before said jury, including instructions to the jury, motions
for new trial, and judgment N.O.V. and matters which may be con-
sidered on appeal, shall proceed as far as practical in accordance with
the statutes, rules, and practice pertaining to the selection and em-
panelling of jurors and trial before juries in other civil cases, except