As far as a DNA test goes, it's just going to cause more delay. Why are they giving so much leeway to what the UNCLE wants? And regarding who pays for it, if it turns out that the judge wants it, I would propose that the LOSER pay. If it proves that the horse is indeed Max, then the UNCLE pays. That will give him pause as to whether he wants it done, or whether he just wants to give up this fight as a lost cause.
In reality, I hope the judge continues on her more sensible path and makes the decision without the test. As other posters have pointed out, if it's not Max, who is it and where did he come from?
I would hate to see another long delay while waiting for results of a DNA test. Everyone can see what needs to be done here, and it seems the judge is on to these guys. She just doesn't want to look like a pushover or have anyone accuse her of deciding the case without seeing all the facts, including the horse himself.
God bless you, Ropo, for hanging in there like a real trooper, and showing such patience and maturity.