– from Alice V. in Ottawa, WI

Question Details:

I filed a paternity case a few years back and the tests came back negative against the alleged father. There are now stronger blood tests available that prove to be more accurate and I still believe this man is the alleged father. Can I bring this case back to the court seeing as there is a stronger test?

Family Law Attorney Response:

While I understand your intentions are good and you may attempt to file a paternity case, I think it would be dismissed and not seen in front of a judge.

The standard for retrying cases due to new technology was set in State ex rel, R.A.S. v. J.M., 114 Wis.2d 305, 338 N.W.2d 851 (Ct. App. 1983). The court in this case decided that courts do not want to litigate an issue multiple times. Public policy defeats it, especially in relation to new technology. If a new technology casts doubt on a jury's finding of fact, it defeats society’s interest in termination of litigation. This would cause the floodgates to be opened by others and force old cases to be reopened.

I hope this answers your question. If you have any more, feel free to call.

Dan Exner, J.D.

Family Law Attorney

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