(1) The method of trial shall be the same as that in other civil proceedings, except that the trial shall be by the court without a jury unless a jury is requested (a) by the alleged father, in a proceeding instituted by the mother or the guardian or next friend, or (b) by the mother, in a proceeding instituted by the alleged father. It being contrary to public policy that such proceedings should be open to the general public, no one but the parties, their counsel, and others having a legitimate interest in the controversy shall be admitted to the courtroom during the trial of the case. The alleged father and the mother shall be competent to testify. The uncorroborated testimony (i) of the mother, in a proceeding instituted by the mother or the guardian or next friend, or (ii) of the alleged father, in a proceeding instituted by the alleged father, shall not alone be sufficient to support a verdict or finding that the alleged father is actually the father. Refusal by the alleged father to comply with an order of the court for genetic testing shall be deemed corroboration of the allegation of paternity. A signed and notarized acknowledgment of paternity or a certified copy or certified reproduction thereof shall be admissible in evidence in any proceeding to establish paternity without the need for foundation testimony or other proof of authenticity or accuracy.
If it is determined in this proceeding that the alleged father is actually the father of the child, a judgment shall be entered declaring the alleged father to be the father of the child.
(2) A default judgment shall be entered upon a showing of service and failure of the defendant to answer or otherwise appear.
(3) If a judgment is entered under this section declaring the alleged father to be the father of the child, the court shall retain jurisdiction of the cause and enter such order of support, including the amount, if any, of any court costs and attorney's fees which the court in its discretion deems appropriate to be paid by the father, as may be proper under the procedure and in the manner specified in section 43-512.04. If it is not determined in the proceeding that the alleged father is actually the father of the child, the court shall, if it finds that the action was frivolous, award court costs and attorney's fees incurred by the alleged father, with such costs and fees to be paid by the plaintiff.
(4) All judgments under this section declaring the alleged father to be the father of the child shall include the father's social security number. The social security number of the declared father of the child shall be furnished to the clerk of the district court in a document accompanying the judgment.
Notes of Decisions
Fetherkile v. Fetherkile, 299 Neb. 76 (Neb. 2018).
· cites it 4× “” Further, § 43-1412 provides: (1) . . . . If it is determined in this proceeding that the alleged father is actually the father of the child, a judgment shall be entered declaring the alleged father to be the father of the child.”
State Ex Rel. Mooney v. Duer, 487 N.W.2d 575 (Neb. Ct. App. 1992).
· cites it 20× “§ 43-1412 (Reissue 1988) provides that in an action to establish paternity, [i]f it is not determined in the proceeding that the alleged father is actually the father of the child, the court shall, if it finds that the action was frivolous, award court costs and attorney's fees…”
State on Behalf of AE v. Buckhalter, 730 N.W.2d 340 (Neb. 2007).
· cites it 5× “Neb. Rev. Stat. § 43-1412 (2) (Reissue 2004) permits a default judgment of paternity upon a showing of service and failure of the defendant to answer or otherwise appear.”
Henke v. Guerrero, 692 N.W.2d 762 (Neb. Ct. App. 2005).
· cites it 6× “Further, under Neb. Rev. Stat. § 43-1412 (3) (Reissue 1998), if a judgment is entered in a paternity action declaring the alleged father to be the father of the child, “the court shall retain jurisdiction of the cause and enter [an] order of support, including the amount, if…”
Wolter v. Fortuna, 27 Neb. Ct. App. 166 (Neb. Ct. App. 2019).
· cites it 2× “See Neb. Rev. Stat. § 43-1412 (3) (Reissue 2016).”
Coleman v. Kahler, 766 N.W.2d 142 (Neb. Ct. App. 2009).
· cites it 2× “See, Neb. Rev.Stat. § 43-1412(3) (Reissue 2008); Cross v.”
State v. Yelli, 530 N.W.2d 250 (Neb. 1995).
· cites it 3× “McHenry, ante p. 167, 525 N.W.2d 620 (1995). Traditionally, judgments have been regarded as hearsay and *790 not within any exception to the hearsay rule; a prior judgment is hearsay, since it is based on the opinion of a judge or jury consisting of persons who have not been…”
Sylvis by & Through Sylvis v. Walling, 532 N.W.2d 312 (Neb. 1995).
· cites it 3× “Section 43-1412 provided that in the event of a judgment of paternity, the court shall retain jurisdiction of the cause and enter such order of support, which order of support shall include the amount, if any, of any court costs and attorney’s fees which the court in its…”
Tyler F. v. Sara P., 306 Neb. 397 (Neb. 2020).
· cites it 2× “) Section 43-1412(3), in explaining a court’s continued jurisdiction of a paternity action to order support and court costs, states: If a judgment is entered under this section declaring the alleged father to be the father of the child, the court shall retain jurisdiction of the…”
Boamah-Wiafe v. Rashleigh, 614 N.W.2d 778 (Neb. Ct. App. 2000).
· cites it 3× “Neb. Rev. Stat. § 43-1412 (3) (Reissue 1998) provides for the award of attorney fees in such actions.”
State on Behalf of Joseph F. v. Rial, 554 N.W.2d 769 (Neb. 1996).
· cites it 3× “Neb. Rev. Stat. § 43-1412 (Reissue 1993) provides, “The method of trial [in an action to establish paternity] shall be the same as that in other civil proceedings .”
— Neb. Rev. Stat. § 43-1412(1) — 5 cases
Fetherkile v. Fetherkile, 299 Neb. 76 (Neb. 2018).
“” Further, § 43-1412 provides: (1) . . . . If it is determined in this proceeding that the alleged father is actually the father of the child, a judgment shall be entered declaring the alleged father to be the father of the child.”
— Neb. Rev. Stat. § 43-1412(2) — 2 cases
State on Behalf of AE v. Buckhalter, 730 N.W.2d 340 (Neb. 2007).
“Neb. Rev. Stat. § 43-1412 (2) (Reissue 2004) permits a default judgment of paternity upon a showing of service and failure of the defendant to answer or otherwise appear.”
— Neb. Rev. Stat. § 43-1412(3) — 9 cases
Henke v. Guerrero, 692 N.W.2d 762 (Neb. Ct. App. 2005).
“Further, under Neb. Rev. Stat. § 43-1412 (3) (Reissue 1998), if a judgment is entered in a paternity action declaring the alleged father to be the father of the child, “the court shall retain jurisdiction of the cause and enter [an] order of support, including the amount, if…”
Coleman v. Kahler, 766 N.W.2d 142 (Neb. Ct. App. 2009).
“See, Neb. Rev.Stat. § 43-1412(3) (Reissue 2008); Cross v.”
Fetherkile v. Fetherkile, 299 Neb. 76 (Neb. 2018).
“” Further, § 43-1412 provides: (1) . . . . If it is determined in this proceeding that the alleged father is actually the father of the child, a judgment shall be entered declaring the alleged father to be the father of the child.”
Tyler F. v. Sara P., 306 Neb. 397 (Neb. 2020).
“) Section 43-1412(3), in explaining a court’s continued jurisdiction of a paternity action to order support and court costs, states: If a judgment is entered under this section declaring the alleged father to be the father of the child, the court shall retain jurisdiction of the…”
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