Saturday, August 7, 2010

Does the court send an actual ';physical order'; to the respondent in a paternity case for DNA testing?

My ex petitioned me for paternity and support through the department of economic security. I got a petition stating that both of us should get dna testing but it said nothing about dates, deadlines, and there was no ';court'; order. I have 20 days in my state to respond with a response to whether i agree or disagree with the petition. I filed my response a couple of days ago but I have never received an order directly from the court demanding i go for DNA testing. My ex texted me saying that if I have not gone for DNA testing yet that there is a warrant out for my arrest. Is this true or does the court have to actually mail me an order telling me I have to appear for dna testing, where to appear, and by what date? I would think that the court wouldn't even send out an order until after my 20 day response period? How does that all work? Do they mail me a court order now that I have responded or was there some time line I am totally unaware of?





I live in Arizona, Maricopa County.Does the court send an actual ';physical order'; to the respondent in a paternity case for DNA testing?
The Arizona Statute


25-807. Precedence of maternity and paternity proceedings; delay for blood or tissue tests; court order; evidentiary use; alternative tests


A. Proceedings to establish maternity and paternity shall have precedence over other civil proceedings. The case shall be set for trial within sixty days from the filing of an answer or oral denial by the defendant.





B. A delay in determining paternity in an action commenced prior to the birth of the child shall be granted until after the birth of the child for purposes of paternity tests if any party to the proceedings requests.





C. The court, on its own motion, or on motion of any party to the proceedings, shall order the mother, her child or children and the alleged father to submit to the drawing of blood samples or the taking of deoxyribonucleic acid probe samples, or both, and shall direct that inherited characteristics, including but not limited to blood and tissue type, be determined by appropriate testing procedures. An expert duly qualified as an examiner of genetic markers shall be agreed upon by the parties or appointed by the court to analyze and interpret the results and report to the court.





D. If the results of the blood tests indicate that the likelihood of the alleged father's paternity is ninety-five per cent or greater, the alleged father is presumed to be the parent of the child and the party opposing the establishment of the alleged father's paternity shall establish by clear and convincing evidence that the alleged father is not the father of the child.





E. The examiner's report shall be admitted at trial unless a timely written challenge to the examiner's report is filed with the court within twenty-one days of the initial trial date. If the results of the examiner's report have been challenged and on the reasonable request of a party, the court shall order an additional test to be made by the same laboratory or an independent laboratory at the expense of the party requesting additional testing.





F. If a timely written challenge is not filed pursuant to subsection E, the examiner's report is admissible in evidence without the need for foundation testimony or other proof of authenticity or accuracy.





G. The court shall, on application of either party, determine the proportion and time in which the initial test costs shall be paid.





H. On motion of a party to the proceedings, the court may order that experts perform alternative or additional tests including medical, scientific and genetic tests.~

No comments:

Post a Comment