Results of genetic tests; admissible evidence; rebuttable presumption.

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43-1415. Results of genetic tests; admissible evidence; rebuttable presumption.

(1) The results of the tests, including the statistical probability of paternity, shall be admissible evidence and, except as provided in subsection (2) of this section, shall be weighed along with other evidence of paternity.

(2) When the results of tests, whether or not such tests were ordered pursuant to section 43-1414, show a probability of paternity of ninety-nine percent or more, there shall exist a rebuttable presumption of paternity.

(3) Such evidence may be introduced by verified written report without the need for foundation testimony or other proof of authenticity or accuracy unless there is a timely written request for personal testimony of the expert at least thirty days prior to trial.

Source

  • Laws 1984, LB 845, § 2;
  • Laws 1993, LB 500, § 55;
  • Laws 1994, LB 1224, § 62.

Annotations

  • When genetic tests show a probability of paternity of 99 percent or more, a rebuttable presumption is created without the need for any other evidence. State on behalf of Dady v. Snelling, 10 Neb. App. 740, 637 N.W.2d 906 (2001).


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