40-6-111. Pretrial proceedings. (1) As soon as practicable after an action to declare the existence or nonexistence of the father and child relationship has been brought, an informal hearing must be held. The court may order that the hearing be held before a referee. The public must be barred from the hearing. A record of the proceeding must be kept.
(2) Upon refusal of any witness, including a party, to testify under oath or produce evidence, the court may order the witness to testify under oath and produce evidence concerning all relevant facts. If the refusal is upon the ground that the testimony or evidence might tend to incriminate the witness, the court may grant the witness immunity from all criminal liability on account of the testimony or evidence the witness is required to produce. An order granting immunity bars prosecution of the witness for any offense shown in whole or in part by testimony or evidence that the witness is required to produce, except for perjury committed in the testimony. The refusal of a witness who has been granted immunity to obey an order to testify or produce evidence is a civil contempt of the court.
(3) Upon motion, a temporary support order may be issued at any time during a paternity action when there is clear and convincing evidence of paternity in the form of paternity test results or other evidence. The temporary support order must be established according to the uniform child support guidelines adopted under 40-5-209.
History: En. 61-311 by Sec. 11, Ch. 512, L. 1975; R.C.M. 1947, 61-311; amd. Sec. 87, Ch. 552, L. 1997; amd. Sec. 13, Ch. 364, L. 2019.
Structure Montana Code Annotated
40-6-103. Relationship not dependent on marriage
40-6-104. How parent and child relationship established
40-6-105. Presumption of paternity
40-6-106. Artificial insemination
40-6-107. Determination of father and child relationship -- who may bring action
40-6-108. Statute of limitations
40-6-109. Jurisdiction -- venue
40-6-111. Pretrial proceedings
40-6-113. Evidence relating to paternity
40-6-114. Pretrial recommendations
40-6-117. Enforcement of judgment or order
40-6-118. Modification of judgment or order
40-6-119. Right to counsel -- transcript on appeal
40-6-120. Hearings and records -- confidentiality
40-6-121. Action to declare mother and child relationship
40-6-122. Promise to render support