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Session Laws, 1994
Volume 773, Page 1254   View pdf image
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Ch. 113                                    1994 LAWS OF MARYLAND

1. is signed by the doctor or technician who prepared or verified
the r
eport; 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 proce
eding if the party who desires cross
examination has subpoenaed the doctor or technician at least 10 days before trial.

(4) A LABORATORY REPORT RECEIVED INTO EVIDENCE ESTABLISHING
A STATISTICAL PROBABILITY OF THE ALLEGED FATHER'S PATERNITY OF AT LEAST
99.0% CONSTITUTES A REBUTTABLE PRESUMPTION OF HIS PATERNITY.

(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 OR GENETIC tests to determine
whether the alleged father can be excluded as being the father of the child.

(b)     The blood OR GENETIC tests shall be made in a laboratory selected by the court
from a list of laboratories provided by the Administration.

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

(d)    A copy of the laboratory report of the blood OR GENETIC test shall be provided to
the parties or their counsel in the manner that the court directs.

(e)      (1) Subject to the provisions of paragraph (3) of this subsection, the laboratory
report of the blood OR GENETIC 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 hot 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 OR
GENETIC test.
                                                                                         

(3)     (i) Subject to the provisions of subparagraph (ii) of this paragraph, the
laboratory report of the blood OR GENETIC 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 OR GENETIC test is as stated in
the report.

- 1254 -

 

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Session Laws, 1994
Volume 773, Page 1254   View pdf image
 Jump to  
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