9.04.360 Civil Action; Trial

(a) An action under this section is a civil action governed by the rules of civil procedure. The mother of the child and the alleged father are deemed to be competent to testify and may be compelled to testify.

(b) Testimony relating to sexual access to the mother by an unidentified man at any time or by an identified man at the time other than the probable time of conception of the child is admissible in evidence, unless offered by the mother.

(c) In an action against an alleged father, evidence offered by him with respect to a man who is not subject to the jurisdiction of the court concerning his sexual intercourse with the mother at or about the probable time of conception of the child is admissible in evidence only if he has undergone and made available to the court blood tests, the results of which, do not exclude the possibility of his' paternity of the child. A man who is identified and is subject to the jurisdiction of the court shall be made a defendant in the action.

(d) The trial shall be made by the court without a jury unless either party demands trial by jury.