Paternity Suit DNA Test Granted Without Hearing Overturned

In a pending paternity suit, a request for preliminary evidence, specifically a DNA test, was granted without hearing the opposing party, prompting an appeal. The court overturned the lower court's evidence order, reasoning that under constitutional guarantees, the opposing party in preliminary evidence proceedings must generally be heard to ensure their right to legal representation and participation, unless an urgent risk justifies immediate action, and that the decision must also be reasoned and include instructions on appeal rights; the court found that the failure to solicit a response and provide a sufficient explanation constituted a violation of the right to be heard that was not cured by the appeal itself.