Pretrial Proceedings

8 CMC § 1710, under Parentage and Birth Records.

8 CMC § 1710

Pretrial Proceedings. (a) As soon as practicable after an action to declare the existence or nonexistence of the father and child relationship has been brought, and informal hearing shall be held. The court may order that the hearing be held before a referee. The public shall be barred from the hearing. A record of the proceeding or any portion thereof shall be kept if any party requests, or the court orders. Rules of evidence need not be observed. (b) Upon refusal of any witness, including a party, to testify under oath or produce evidence, the court may order him to testify under the oath and produce evidence concerning all relevant facts. If the refusal is upon the ground that his testimony or evidence might tend to incriminate him, the court may grant him immunity from all criminal liability on account of the testimony or evidence he 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 he is required to produce, except for perjury committed in his 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. (c) Testimony of a physician concerning the medical circumstances of the pregnancy and the condition and characteristics of the child upon birth is not privileged. Source: PL 4-38, § 10.