In re Michael J. (Tennessee 2018)

No. M2016-01985-COA-R3-JV (Tenn. Ct. App. 2018)
January 2018

A copy of a genetic testing report is not eligible for judicial notice. This case involves a paternity action that was first heard in front of a magistrate, who ordered genetic testing. The results showed a 99.9% probability of paternity, and the magistrate entered an order.  The father requested a rehearing before the juvenile court. The mother moved to admit a copy of the paternity report and father objected. The juvenile court took judicial notice of the paternity report filed in the earlier hearing. It upheld the paternity order. The appellate court found that taking judicial notice was an error, but a harmless one. Admitting a copy of the report was appropriate because father had not filed any written objection as required by statute.