clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e
  Maryland State Archives | Index | Help | Search search for:
clear space
white space
Session Laws, 1989
Volume 771, Page 4840   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

VETOES

(a)  On the motion of a party to the proceeding or on its
own motion, the court shall order the mother, child, and alleged
father to submit to blood tests to determine whether the alleged
father can be excluded as being the father of the child.

(b)  The blood tests shall be made in a laboratory selected
by the court from a list of laboratories provided by the
Administration. A LABORATORY ON THE LIST SHALL BE DEEMED TO HAVE
CONSENTED TO PROVIDE A DOCTOR OR TECHNICIAN TO TESTIFY AT TRIAL
WHEN GIVEN NOTICE IN ACCORDANCE WITH SUBSECTION (E)(3)(II) OF
THIS SECTION.
-----------------------------------------------------

(c)  The laboratory shall report the results of each blood
test in writing and in the form the court requires.

(d)  A copy of the [results of each] LABORATORY REPORT OF
THE blood test shall be provided to the parties or their counsel
in the manner that the court directs.

(e)  (1) [The results of each] SUBJECT TO THE PROVISIONS OF
PARAGRAPH (3) OF THIS SUBSECTION, THE LABORATORY REPORT OF THE
blood test shall be received in evidence if:

(i) definite exclusion is established; or

(ii) the testing is sufficiently extensive to
exclude 97.3% of alleged fathers who are not biological fathers,
and the statistical probability of the alleged father's paternity
is at least 97.3%.

(2)  A laboratory report is prima facie evidence of
the results of a blood test.

(3)  (I) [If a laboratory report is admitted in
evidence, the laboratory technician who made the test is subject
to cross-examination by any party to the proceeding.] SUBJECT TO
THE PROVISIONS OF SUBPARAGRAPH (II) OF THIS PARAGRAPH, THE
LABORATORY REPORT OF THE BLOOD TEST IS ADMISSIBLE IN EVIDENCE
WITHOUT THE PRESENCE OF A DOCTOR OR TECHNICIAN FROM THE
LABORATORY THAT PREPARED THE REPORT IF THE REPORT:

1.   IS SIGNED BY THE DOCTOR OR TECHNICIAN
WHO PREPARED OR VERIFIED THE REPORT; AND

2.  STATES THAT THE RESULT OF THE BLOOD
TEST IS AS STATED IN THE REPORT.

(II) WHEN THE LABORATORY REPORT OF THE BLOOD
TEST IS ADMITTED IN EVIDENCE, A DOCTOR OR TECHNICIAN FROM THE
LABORATORY THAT PREPARED THE REPORT IS SUBJECT TO CROSS
EXAMINATION BY ANY PARTY TO THE PROCEEDING IF THE PARTY WHO
DESIRES CROSS EXAMINATION HAS SUBPOENAED THE DOCTOR OR TECHNICIAN

- 4840 -

 

clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Session Laws, 1989
Volume 771, Page 4840   View pdf image
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 11, 2023
Maryland State Archives