Page:United States Statutes at Large Volume 76A.djvu/792

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-696Subchapter II—Blood Tests to Determine Paternity § 491. Authority for test In a civil action, in which paternity is a relevant fact, including an action in the district court pursuant to subchapter I of this chapter, the court, upon its own initiative or upon suggestion made by or on behalf of any person whose blood is involved may, or upon motion of any party to the action made at a time so as ^ o t to delay the proceedings unduly, shall order the mother, child and alleged father to submit to blood tests. If a party refuses to submit to such tests, the court may resolve the question of paternity against that party or enforce its order if the rights of others and the interests of justice so require. § 492. Selection of experts The tests provided by section 491 of this title shall be made by experts qualified as exammers of blood types who shall be appointed by the court. The experts shall be called by the court as witnesses to testify to their findings and shall be subject to cross-examination by the parties. A party or person at whose suggestion the tests have been ordered may demand that other experts, qualified as examiners of blood types, perform independent tests under orders of court, the results of which may be offered in evidence. The number and qualifications of experts shall be determined by the court. § 493. Compensation of expert witnesses (a) Except as provided by subsection (b) of this section, the court shall fix the compensation of each expert witness appointed by the court at a reasonable amount. I t shall be paid as the court shall order. The court may order that it be paid by the parties in such proportions and at such times as it shall prescribe, and that, after payment by the parties, all or part or none of it be taxed as costs in the action. The fee of an expert witness called by a party but not appointed by the court shall be paid by the party calling him but shall not be taxed as costs in the action. (b) If an expert witness appointed by the court is employed by serving with an agency of the United States in the Canal Zone, he may not receive a fee but shall receive his regular full pay for the time spent in performing his services as an expert, without deduction from tune allowed him for leave of absence authorized by law. § 494. Effect of test results If the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, are that the alleged father is not the father of the child, the question of paternity shall be resolved accordingly. If the experts disagree in their findings or conclusions, the question shall be submitted upon all the evidence. Tf the experts conclude that the blood tests show the possibility of the alleged father's paternity, admission of this evidence is within the discretion of the court, depending upon the infrequency of the blood type. § 495. Applicability to criminal actions This subchapter applies to criminal cases subject to the following limitations and provisions: (1) an order for the tests shall be made only upon application of a party or on the court's initiative; (2) the compensation of the experts shall be paid by the Canal Zone Government, except that, if the expert is one who falls within the scope of section 493(b) of this title, that subsection is applicable;