Mont. Code Ann. § 26-3-103 — MT Code / Title 26 / Chapter 3 / Part 1 / Section 26-3-103
26-3-103 When parties are considered to be the same
Status: in_force

26-3-103 . When parties are considered to be the same. The parties are deemed to be the same when those between whom the evidence is offered were on opposite sides in the former case and a judgment or other determination could in that case have been made between them alone, though other parties were joined with both or either.
Mont. Code Ann. § 26-1-302 — MT Code / Title 26 / Chapter 1 / Part 3 / Section 26-1-302
26-1-302 Witness presumed to speak the truth -- how presumption rebutted
Status: in_force

26-1-302 . Witness presumed to speak the truth -- how presumption rebutted. A witness is presumed to speak the truth. The jury or the court in the absence of a jury is the exclusive judge of a witness's credibility. This presumption may be controverted and overcome by any matter that has a tendency to disprove the truthfulness of a witness's testimony. The matters include but are not limited to:

(1) the demeanor or manner of the witness while testifying;

(2) the character of the witness's testimony;

(3) bias of the witness for or against any party involved in the case;

(4) interest of the witness in the outcome of the litigation or other motive to testify falsely;

(5) the witness's character for truth, honesty, or integrity;

(6) the extent of the witness's capacity and opportunity to perceive or capacity to recollect or to communicate any matter about which the witness testifies;

(7) inconsistent statements of the witness;

(8) an admission of untruthfulness by the witness;

(9) other evidence contradicting the witness's testimony.
Mont. Code Ann. § 26-1-812 — MT Code / Title 26 / Chapter 1 / Part 8 / Section 26-1-812
26-1-812 Advocate privilege
Status: in_force

26-1-812 . Advocate privilege. (1) Unless a report is otherwise required by law, an advocate may not, without consent of the victim, be examined as to any communication made to the advocate by a victim and may not divulge records kept during the course of providing shelter, counseling, or crisis intervention services.

(2) This privilege belongs to the victim and may not be waived, except by express consent. The privilege continues even if the victim is unreachable. Consent may not be implied because the victim is a party to a divorce or custody proceeding. The privilege terminates upon the death of the victim.

(3) For purposes of this section, the following definitions apply:

(a) "Advocate" means an employee or volunteer of a domestic violence shelter, crisis line, or victim's services provider that provides services for victims of sexual assault, stalking, or any assault on a partner or family member.

(b) "Victim" means a person seeking assistance because of partner or family member assault, any sexual assault, or stalking, whether or not the victim seeks or receives services within the criminal justice system.
Mont. Code Ann. § 26-1-104 — MT Code / Title 26 / Chapter 1 / Part 1 / Section 26-1-104
26-1-104 Evidence of third person's obligation
Status: in_force

26-1-104 . Evidence of third person's obligation. Where the question in dispute between the parties is the obligation or duty of a third person, whatever would be the evidence for or against such person is prima facie evidence between the parties.
Mont. Code Ann. § 26-2-508 — MT Code / Title 26 / Chapter 2 / Part 5 / Section 26-2-508
26-2-508 Witnesses for state, county, or public defender -- advance payment not required
Status: in_force

26-2-508 . Witnesses for state, county, or public defender -- advance payment not required. The attorney general, any county attorney, or any public defender, as defined in 47-1-103 , is authorized to cause subpoenas to be issued and compel the attendance of witnesses without paying or tendering fees in advance to either officers or witnesses. A witness refusing to or failing to attend, after being served with a subpoena, may be proceeded against and is liable in the same manner as is provided by law in other cases where fees have been tendered or paid.
Mont. Code Ann. § 26-1-101 — MT Code / Title 26 / Chapter 1 / Part 1 / Section 26-1-101
26-1-101 General definitions
Status: in_force

26-1-101 . General definitions. (1) "Direct examination" is the first examination of a witness on a particular matter. "Cross-examination" is the examination of a witness by a party other than the direct examiner.

(2) "Evidence" is the means of ascertaining in a judicial proceeding the truth respecting a question of fact, including but not limited to witness testimony, writings, physical objects, or other things presented to the senses.

(3) A "leading question" is a question which suggests to the witness the answer which the examining party desires.

(4) "Proof" is the establishment of a fact by evidence.

(5) A "witness" is a person whose declaration under oath is received as evidence for any purpose, whether such declaration be made on oral examination or by deposition or affidavit.
Mont. Code Ann. § 26-3-102 — MT Code / Title 26 / Chapter 3 / Part 1 / Section 26-3-102
26-3-102 What considered adjudged in a judgment
Status: in_force

26-3-102 . What considered adjudged in a judgment. That only is deemed to have been adjudged in a former judgment which appears upon its face to have been so adjudged or which was actually and necessarily included therein or necessary thereto.
Mont. Code Ann. § 26-1-1012 — MT Code / Title 26 / Chapter 1 / Part 10 / Section 26-1-1012
26-1-1012 Affidavit of publication -- where filed, prima facie evidence
Status: in_force

26-1-1012 . Affidavit of publication -- where filed, prima facie evidence. If such affidavit be made in an action or special proceeding pending in a court, it may be filed with the court or clerk thereof. If not so made, it may be filed with the clerk of the county where the newspaper is printed. In either case the original affidavit or a copy thereof, certified by the judge of the court or clerk having it in custody, is prima facie evidence of the facts stated therein.
Mont. Code Ann. § 26-1-1103 — MT Code / Title 26 / Chapter 1 / Part 11 / Section 26-1-1103
26-1-1103 Applicability
Status: in_force

26-1-1103 . Applicability. This part applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. This part does not apply to a declaration by a declarant who is physically located on property that is within the boundaries of the United States and subject to the jurisdiction of another country or a federally recognized Indian tribe.
Mont. Code Ann. § 26-1-201 — MT Code / Title 26 / Chapter 1 / Part 2 / Section 26-1-201
26-1-201 Questions of law
Status: in_force

26-1-201 . Questions of law. Except as provided in Article II, section 7, of the Montana constitution, all questions of law, including the admissibility of testimony, the facts preliminary to such admission, the construction of statutes and other writings, and other rules of evidence, must be decided by the court.
Mont. Code Ann. § 26-1-802 — MT Code / Title 26 / Chapter 1 / Part 8 / Section 26-1-802
26-1-802 Spousal privilege
Status: in_force

26-1-802 . Spousal privilege. (1) A spouse may not, without the consent of the other spouse, testify during or after the marriage concerning any communication made by one to the other during their marriage.

(2) A judicial, legislative, administrative, or other governmental body may not request or require the disclosure of an electronic communication made by one spouse to the other during their marriage from a spouse or an electronic communication service used by the spouse.

(3) A spouse or an electronic communication service used by the spouse may not be adjudged in contempt by a judicial, legislative, administrative, or other body having the power to issue subpoenas for refusing to disclose or produce electronic communications made by one spouse to the other during their marriage.

(4) The privilege under subsections (1) through (3):

(a) is restricted to communications made during the existence of the marriage relationship and does not extend to communications made prior to the marriage or to communications made after the marriage is dissolved; and

(b) does not apply to a civil action or proceeding by one spouse against the other or to a criminal action or proceeding for a crime committed by one spouse against the other or against a child of either spouse.

(5) For the purposes of this section, "electronic communication" and "electronic communication service" have the meanings provided in 46-5-601 . The terms do not include communications transmitted by the state telecommunications network provided for in 2-17-506 .
Mont. Code Ann. § 26-1-1107 — MT Code / Title 26 / Chapter 1 / Part 11 / Section 26-1-1107
26-1-1107 Uniformity of application and construction
Status: in_force

26-1-1107 . Uniformity of application and construction. In applying and construing this part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Mont. Code Ann. § 26-1-1104 — MT Code / Title 26 / Chapter 1 / Part 11 / Section 26-1-1104
26-1-1104 Validity of unsworn declaration
Status: in_force

26-1-1104 . Validity of unsworn declaration. (1) Except as otherwise provided in subsection (2), if a law of this state requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this part has the same effect as a sworn declaration.

(2) This part does not apply to:

(a) a deposition;

(b) an oath of office;

(c) an oath required to be given before a specified official other than a notary public;

(d) a declaration to be recorded pursuant to Title 70; or

(e) an oath required for a self-proved will under 72-2-524 .
Mont. Code Ann. § 26-2-102 — MT Code / Title 26 / Chapter 2 / Part 1 / Section 26-2-102
26-2-102 Issuance of subpoena
Status: in_force

26-2-102 . Issuance of subpoena. The subpoena is issued as follows:

(1) To require attendance before a court or at the trial of an issue in a court, it is issued under the seal of the court before which the attendance is required or in which the issue is pending.

(2) To require attendance out of the court before a judge, justice, or other officer authorized to administer oaths or take testimony in any matter under the laws of this state, it is issued by the judge, justice, or other officer before whom the attendance is required.

(3) To require attendance before a commissioner appointed to take testimony by a court of a foreign country, of the United States, of any other state in the United States, or of any other district or county within this state or before any officer empowered by the laws of the United States to take testimony, it may be issued by any judge or justice of the peace in places within the judge's or justice's respective jurisdiction, with the same power to enforce attendance and, upon certificate of contumacy to the court, to punish contempt of process that the judge or justice could exercise if the subpoena directed the attendance of the witness before the judge's or justice's court in a matter pending in that court.
Mont. Code Ann. § 26-2-515 — MT Code / Title 26 / Chapter 2 / Part 5 / Section 26-2-515
26-2-515 State employees -- compensation for time spent answering subpoena
Status: in_force

26-2-515 . State employees -- compensation for time spent answering subpoena. An employee of the state must receive all regular pay and benefits for time spent answering a subpoena when called to testify in connection with the employee's official duties in a civil action in which the state or one of its agencies is not a party. The person requesting issuance of the subpoena shall, if requested by the affected state agency, reimburse the agency for the compensation, including regular pay and benefits, paid to the employee for time spent answering the subpoena. As used in this section, "employee" means an employee of the executive, legislative, or judicial branch of state government.
Mont. Code Ann. § 26-1-106 — MT Code / Title 26 / Chapter 1 / Part 1 / Section 26-1-106
26-1-106 Explanation of alterations in a writing
Status: in_force

26-1-106 . Explanation of alterations in a writing. The party producing a writing as genuine that has been altered or appears to have been altered after its execution in a part material to the question in dispute shall account for the appearance or alteration. The party may show that the alteration was made by another without the party's concurrence, was made with the consent of the parties affected by the alteration, or was otherwise properly or innocently made or that the alteration did not change the meaning or language of the instrument. If the party does that, the party may give the writing in evidence, but not otherwise.
Mont. Code Ann. § 26-2-404 — MT Code / Title 26 / Chapter 2 / Part 4 / Section 26-2-404
26-2-404 Affidavit of arrested witness -- exoneration of arresting officer
Status: in_force

26-2-404 . Affidavit of arrested witness -- exoneration of arresting officer. (1) An officer is not liable for making the arrest in ignorance of the facts creating the exoneration but is liable for any subsequent detention of the witness if the witness claims the exemption and makes an affidavit stating that the witness:

(a) has been served with a subpoena to attend as a witness before a court, officer, or other person, specifying the court, officer, or person, the place of attendance, and the action or proceeding in which the subpoena was issued;

(b) has not thus been served by the witness's own procurement with the intention of avoiding arrest; and

(c) is at the time going to the place of attendance, returning from the place of attendance, or remaining there in obedience to the subpoena.

(2) The affidavit may be taken by the officer and exonerates the officer from liability for discharging the witness when arrested.
Mont. Code Ann. § 26-1-814 — MT Code / Title 26 / Chapter 1 / Part 8 / Section 26-1-814
26-1-814 Statement of apology, sympathy, or benevolence -- not admissible as evidence of admission of liability for medical malpractice
Status: in_force

26-1-814 . Statement of apology, sympathy, or benevolence -- not admissible as evidence of admission of liability for medical malpractice. (1) A statement, affirmation, gesture, or conduct expressing apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence relating to the pain, suffering, or death of a person that is made to the person, the person's family, or a friend of the person or of the person's family is not admissible for any purpose in a civil action for medical malpractice.

(2) As used in this section, the following definitions apply:

(a) "Apology" means a communication that expresses regret.

(b) "Benevolence" means a communication that conveys a sense of compassion or commiseration emanating from humane impulses.

(c) "Communication" means a statement, writing, or gesture.

(d) "Family" means the spouse, parent, spouse's parent, grandparent, stepmother, stepfather, child, grandchild, sibling, half-sibling, or adopted children of a parent of an injured party.
Mont. Code Ann. § 26-3-204 — MT Code / Title 26 / Chapter 3 / Part 2 / Section 26-3-204
26-3-204 Effect of judicial record of foreign court of admiralty
Status: in_force

26-3-204 . Effect of judicial record of foreign court of admiralty. The effect of the judicial record of a court of admiralty of a foreign country is the same as if it were the record of a court of admiralty of the United States.
Mont. Code Ann. § 26-1-809 — MT Code / Title 26 / Chapter 1 / Part 8 / Section 26-1-809
26-1-809 Confidential communications by student to employee of educational institution
Status: in_force

26-1-809 . Confidential communications by student to employee of educational institution. A counselor, psychologist, nurse, or teacher employed by an educational institution may not be examined as to communications made to the individual in confidence by a registered student of the institution. However, this provision does not apply when consent has been given by the student, if not a minor, or, if the student is a minor, by the student and the student's parent or legal guardian.
Mont. Code Ann. § 26-2-506 — MT Code / Title 26 / Chapter 2 / Part 5 / Section 26-2-506
26-2-506 Fees paid by party subpoenaing -- exceptions
Status: in_force

26-2-506 . Fees paid by party subpoenaing -- exceptions. (1) Except as provided in subsection (2), fees and compensation of a witness in all criminal and civil actions must be paid by the party who caused the witness to be subpoenaed.

(2) (a) When a witness is subpoenaed by a public defender, as defined in 47-1-103 , the fees and expenses must be paid by the office of state public defender as provided in 47-1-119 .

(b) In a criminal proceeding, when a witness is subpoenaed on behalf of the attorney general or a county attorney, the witness fees and expenses must be paid by the county except as provided in subsection (2)(c).

(c) The attorney general shall reimburse a county for fees and compensation of an expert witness up to the amount appropriated for expert witness expenses, except for cases in which the death penalty is being sought by the prosecution. The attorney general shall adopt rules to provide for reimbursement procedures, including setting priorities for expenses and balancing between the needs of rural and urban counties.

(d) In any proceeding in which a defendant or respondent is entitled to a public defender, as defined in 47-1-103 , but is acting pro se, the witness fees and expenses must be paid by the office of court administrator, as provided in 3-5-901 .
Mont. Code Ann. § 26-1-1005 — MT Code / Title 26 / Chapter 1 / Part 10 / Section 26-1-1005
26-1-1005 Affidavits made in foreign country -- before whom taken
Status: in_force

26-1-1005 . Affidavits made in foreign country -- before whom taken. An affidavit taken in a foreign country to be used in this state may be taken before an ambassador, minister, consul, vice consul, or consular agent of the United States or before any judge of a court of record having a seal in such foreign country.
Mont. Code Ann. § 26-2-510 — MT Code / Title 26 / Chapter 2 / Part 5 / Section 26-2-510
26-2-510 Application of sections exempting from advance payment
Status: in_force

26-2-510 . Application of sections exempting from advance payment. The provisions of 26-2-508 and 26-2-509 extend to all actions and proceedings brought in the name of the attorney general, any other person or persons for the benefit of the state or county, or any other person or persons for the benefit of a public defender, as defined in 47-1-103 .
Mont. Code Ann. § 26-1-602 — MT Code / Title 26 / Chapter 1 / Part 6 / Section 26-1-602
26-1-602 Disputable presumptions
Status: in_force

26-1-602 . Disputable presumptions. All other presumptions are "disputable presumptions" and may be controverted by other evidence. The following are of that kind:

(1) A person is innocent of crime or wrong.

(2) An unlawful act was done with an unlawful intent.

(3) A person intends the ordinary consequence of the person's voluntary act.

(4) A person takes ordinary care of the person's own concerns.

(5) Evidence willfully suppressed would be adverse if produced.

(6) More satisfactory evidence would be adverse if weaker and less satisfactory evidence is offered and it is within the power of the party to offer more satisfactory evidence.

(7) Money paid by one to another was due the latter.

(8) A thing delivered by one to another belonged to the latter.

(9) When the instrument evidencing an obligation has been delivered to the debtor, the obligation has been paid.

(10) Prior rent or installments have been paid when a receipt for later rent or installments is produced.

(11) Things that a person possesses are owned by the person.

(12) A person is the owner of property if the person exercises acts of ownership over it or there is common reputation of the person's ownership.

(13) A person in possession of an order on the person for the payment of money or the delivery of a thing has paid the money or delivered the thing accordingly.

(14) A person acting in a public office was regularly appointed to it.

(15) Official duty has been regularly performed.

(16) A court or judge acting as such, whether in this state or any other state or country, was acting in the lawful exercise of the court's or judge's jurisdiction.

(17) A judicial record, when not conclusive, does still correctly determine or set forth the rights of the parties.

(18) All matters within an issue were laid before the jury and passed upon by them, and in like manner, all matters within a submission to arbitration were laid before the arbitrators and passed upon by them.

(19) Private transactions have been fair and regular.

(20) The ordinary course of business has been followed.

(21) A promissory note or bill of exchange was given or endorsed for a sufficient consideration.

(22) An endorsement of a negotiable promissory note or bill of exchange was made at the time and place of making the note or bill.

(23) A writing is truly dated.

(24) A letter duly directed and mailed was received in the regular course of the mail.

(25) There is an identity of persons when there is an identity of names.

(26) A person not heard from in 5 years is dead.

(27) Acquiescence followed from a belief that the thing acquiesced in was conformable to the right or fact.

(28) Things have happened according to the ordinary course of nature and the ordinary habits of life.

(29) Persons acting as partners have entered into a contract of partnership.

(30) A man and a woman deporting themselves as husband and wife have entered into a lawful contract of marriage.

(31) A child born in lawful wedlock is legitimate.

(32) A thing once proved to exist continues as long as is usual with things of that nature.

(33) The law has been obeyed.

(34) A printed and published book purporting to be printed or published by public authority was so printed or published.

(35) A printed and published book purporting to contain reports of cases adjudged in the tribunals of the state or country where the book is published contains correct reports of such cases.

(36) A trustee or other person whose duty it was to convey real property to a particular person has actually conveyed the property to the particular person. This presumption applies when it is necessary to perfect the title of the person or the person's successor in interest.

(37) When there has been uninterrupted use by the public of land for a burial ground for 5 years, with the consent of the owner and without a reservation of rights, the owner intended to dedicate it to the public for that purpose.

(38) There was a good and sufficient consideration for a written contract.
Mont. Code Ann. § 26-1-501 — MT Code / Title 26 / Chapter 1 / Part 5 / Section 26-1-501
26-1-501 Inference defined
Status: in_force

26-1-501 . Inference defined. An "inference" is a deduction which the trier of fact may make from the evidence.
Mont. Code Ann. § 26-1-606 — MT Code / Title 26 / Chapter 1 / Part 6 / Section 26-1-606
26-1-606 Entry made by officer or board prima facie evidence
Status: in_force

26-1-606 . Entry made by officer or board prima facie evidence. An entry made by an officer or board of officers or under the direction and in the presence of either, in the course of official duty, is prima facie evidence of the facts stated in such entry.
Mont. Code Ann. § 26-1-301 — MT Code / Title 26 / Chapter 1 / Part 3 / Section 26-1-301
26-1-301 One witness sufficient to prove a fact
Status: in_force

26-1-301 . One witness sufficient to prove a fact. The direct evidence of one witness who is entitled to full credit is sufficient for proof of any fact, except perjury and treason.
Mont. Code Ann. § 26-1-901 — MT Code / Title 26 / Chapter 1 / Part 9 / Section 26-1-901
26-1-901 Short title
Status: in_force

26-1-901 . Short title. This part shall be known and may be cited as the "Media Confidentiality Act".
Mont. Code Ann. § 26-2-403 — MT Code / Title 26 / Chapter 2 / Part 4 / Section 26-2-403
26-2-403 Arrest void -- punishment and liability
Status: in_force

26-2-403 . Arrest void -- punishment and liability. The arrest of a witness contrary to 26-2-402 is void and, when willfully made, is a contempt of the court. The person making the arrest is responsible to the witness arrested for double the amount of the damages that may be assessed against the person and is also liable to an action at the suit of the party serving the witness with a subpoena for the damages sustained by the party serving the witness in consequence of the arrest.
Mont. Code Ann. § 26-2-502 — MT Code / Title 26 / Chapter 2 / Part 5 / Section 26-2-502
26-2-502 Witnesses in courts not of record -- civil actions
Status: in_force

26-2-502 . Witnesses in courts not of record -- civil actions. Witnesses in courts not of record in civil actions and proceedings shall receive $10 for each day's actual attendance and mileage as provided in 2-18-503 for each mile actually traveled in going from their residences by the usual traveled route to the court and return.
Mont. Code Ann. § 26-1-604 — MT Code / Title 26 / Chapter 1 / Part 6 / Section 26-1-604
26-1-604 When recitals in statutes conclusive
Status: in_force

26-1-604 . When recitals in statutes conclusive. The recitals in a public statute are conclusive evidence of the facts recited for the purpose of carrying it into effect, but no further. The recitals in a private statute are conclusive evidence between parties who claim under its provisions, but no further.
Mont. Code Ann. § 26-2-105 — MT Code / Title 26 / Chapter 2 / Part 1 / Section 26-2-105
26-2-105 Disobedience -- civil damages
Status: in_force

26-2-105 . Disobedience -- civil damages. A witness disobeying a subpoena also forfeits to the party aggrieved the sum of $100 and all damages that the person may sustain by the failure of the witness to attend. The forfeiture and damages may be recovered in a civil action.
Mont. Code Ann. § 26-1-803 — MT Code / Title 26 / Chapter 1 / Part 8 / Section 26-1-803
26-1-803 Attorney-client privilege
Status: in_force

26-1-803 . Attorney-client privilege. (1) An attorney cannot, without the consent of the client, be examined as to any communication made by the client to the attorney or the advice given to the client in the course of professional employment.

(2) A client cannot, except voluntarily, be examined as to any communication made by the client to the client's attorney or the advice given to the client by the attorney in the course of the attorney's professional employment.
Mont. Code Ann. § 26-2-505 — MT Code / Title 26 / Chapter 2 / Part 5 / Section 26-2-505
26-2-505 Expert witnesses
Status: in_force

26-2-505 . Expert witnesses. An expert is a witness and receives the same compensation as a witness.
Mont. Code Ann. § 26-1-1101 — MT Code / Title 26 / Chapter 1 / Part 11 / Section 26-1-1101
26-1-1101 Short title
Status: in_force

26-1-1101 . Short title. This part may be cited as the "Uniform Unsworn Foreign Declarations Act".
Mont. Code Ann. § 26-1-705 — MT Code / Title 26 / Chapter 1 / Part 7 / Section 26-1-705
26-1-705 Effect of payment upon final settlement
Status: in_force

26-1-705 . Effect of payment upon final settlement. Upon final settlement between the parties of a claim arising out of such occurrence, the parties may make any agreement they wish with respect to all voluntary partial payments.
Mont. Code Ann. § 26-1-808 — MT Code / Title 26 / Chapter 1 / Part 8 / Section 26-1-808
26-1-808 Information gathered by psychology teachers and observers
Status: in_force

26-1-808 . Information gathered by psychology teachers and observers. Any person who is engaged in teaching psychology in any school or who, acting as such, is engaged in the study and observation of child mentality shall not, without the consent of the parent or guardian of such child being so taught or observed, testify in any civil action as to any information so obtained.
Mont. Code Ann. § 26-2-301 — MT Code / Title 26 / Chapter 2 / Part 3 / Section 26-2-301
26-2-301 Witness required to attend when subpoenaed
Status: in_force

26-2-301 . Witness required to attend when subpoenaed. A witness served with a subpoena shall attend at the time appointed, with any papers under the witness's control required by the subpoena, and answer all pertinent and legal questions and, unless sooner discharged, shall remain until the testimony is closed.
Mont. Code Ann. § 26-1-1013 — MT Code / Title 26 / Chapter 1 / Part 10 / Section 26-1-1013
26-1-1013 Affidavit of business records
Status: in_force

26-1-1013 . Affidavit of business records. (1) The original or a copy of a business record that meets the requirements of Rule 803(6) of the Montana Rules of Evidence, as shown by a sworn affidavit or certification of the records custodian or other qualified person, is self-authenticating and does not need extrinsic evidence of authenticity in order to be admitted. An affidavit or certification must contain the following information:

(a) a statement showing that the person signing the affidavit or certification is the custodian or is otherwise qualified;

(b) a statement identifying the memorandum, report, record, or data compilation;

(c) a statement showing that the memorandum, report, record, or data compilation was made at or near the time of the acts, events, conditions, opinions, or diagnosis;

(d) a statement showing that the business records were kept in the course of a regularly conducted business activity and that it was the regular practice of that business activity to make the memorandum, report, record, or data compilation; and

(e) a statement indicating whether the documents are the original or are true and correct copies.

(2) A party intending to offer an affidavit or certification pursuant to this section must disclose the evidence to all other parties. The party offering the affidavit or certification must give all other parties written notice at least 21 days before the trial or hearing of the intent to offer the affidavit or certification and must make the business records and affidavit or certification available for inspection so that the other parties have a fair opportunity to challenge the admissibility of the evidence.
Mont. Code Ann. § 26-1-1003 — MT Code / Title 26 / Chapter 1 / Part 10 / Section 26-1-1003
26-1-1003 Affidavits made in this state -- before whom taken
Status: in_force

26-1-1003 . Affidavits made in this state -- before whom taken. An affidavit to be used before any court, judge, or officer of this state may be taken before any judge or clerk of any court or any justice of the peace, county clerk, or notary public in this state.
Mont. Code Ann. § 26-1-502 — MT Code / Title 26 / Chapter 1 / Part 5 / Section 26-1-502
26-1-502 When an inference arises
Status: in_force

26-1-502 . When an inference arises. An inference must be founded:

(1) on a fact legally proved; and

(2) on a deduction from that fact that is warranted by a consideration of the usual propensities or passions of people, the particular propensities or passions of the person whose act is in question, the course of business, or the course of nature.
Mont. Code Ann. § 26-3-101 — MT Code / Title 26 / Chapter 3 / Part 1 / Section 26-3-101
26-3-101 Kinds of jurisdiction necessary to sustain a record
Status: in_force

26-3-101 . Kinds of jurisdiction necessary to sustain a record. The jurisdiction sufficient to sustain a record is jurisdiction over the cause, over the parties, and over the thing, when a specific thing is the subject of the judgment.
Mont. Code Ann. § 26-1-607 — MT Code / Title 26 / Chapter 1 / Part 6 / Section 26-1-607
26-1-607 When writings of a decedent prima facie evidence
Status: in_force

26-1-607 . When writings of a decedent prima facie evidence. The entries and other writings of a decedent, made at or near the time of the transaction and when the decedent was in a position to know the facts stated therein, are prima facie evidence of the facts stated therein, in the following cases:

(1) when the writing or entry was made against the interest of the person making it;

(2) when it was made in a professional capacity and in the ordinary course of professional conduct;

(3) when it was made in the performance of a duty specially enjoined by law.
Mont. Code Ann. § 26-1-105 — MT Code / Title 26 / Chapter 1 / Part 1 / Section 26-1-105
26-1-105 Superseded
Status: in_force

26-1-105 . Superseded. Sup. Ct. Ord. No. 12729, July 10, 1979.
Mont. Code Ann. § 26-1-109 — MT Code / Title 26 / Chapter 1 / Part 1 / Section 26-1-109
26-1-109 Legislative conduct inadmissible
Status: in_force

26-1-109 . Legislative conduct inadmissible. The conduct of the legislative branch in passing legislation is not admissible in a bad faith analysis or for the purpose of awarding costs or attorney fees against a government entity defending an enactment of the legislature.
Mont. Code Ann. § 26-1-813 — MT Code / Title 26 / Chapter 1 / Part 8 / Section 26-1-813
26-1-813 Mediation -- confidentiality -- privilege -- exceptions
Status: in_force

26-1-813 . Mediation -- confidentiality -- privilege -- exceptions. (1) Mediation means a private, confidential, informal dispute resolution process in which an impartial and neutral third person, the mediator, assists disputing parties to resolve their differences. In the mediation process, decisionmaking authority remains with the parties and the mediator does not have authority to compel a resolution or to render a judgment on any issue. A mediator may encourage and assist the parties to reach their own mutually acceptable settlement by facilitating an exchange of information between the parties, helping to clarify issues and interests, ensuring that relevant information is brought forth, and assisting the parties to voluntarily resolve their dispute.

(2) Except upon written agreement of the parties and the mediator, mediation proceedings must be:

(a) confidential;

(b) held without a verbatim record; and

(c) held in private.

(3) A mediator's files and records, with the exception of signed, written agreements, are closed to all persons unless the parties and the mediator mutually agree otherwise. Except as provided in subsection (5), all mediation-related communications, verbal or written, between the parties or from the parties to the mediator and any information and evidence presented to the mediator during the proceedings are confidential. The mediator's report, if any, and the information or recommendations contained in it, with the exception of a signed, written agreement, are not admissible as evidence in any action subsequently brought in any court of law or before any administrative agency and are not subject to discovery or subpoena in any court or administrative proceeding unless all parties waive the rights to confidentiality and privilege.

(4) Except as provided in subsection (5), the parties to the mediation and a mediator are not subject to subpoena by any court or administrative agency and may not be examined in any action as to any communication made during the course of the mediation proceeding without the consent of the parties to the mediation and the mediator.

(5) The confidentiality and privilege provisions of this section do not apply to information revealed in a mediation if disclosure is:

(a) required by any statute;

(b) agreed to by the parties and the mediator in writing, whether prior to, during, or subsequent to the mediation; or

(c) necessary to establish a claim or defense on behalf of the mediator in a controversy between a party to the mediation and the mediator.

(6) Nothing in this section prohibits a mediator from conveying information from one party to another during the mediation, unless a party objects to disclosure.
Mont. Code Ann. § 26-1-401 — MT Code / Title 26 / Chapter 1 / Part 4 / Section 26-1-401
26-1-401 Who has burden of producing evidence
Status: in_force

26-1-401 . Who has burden of producing evidence. The initial burden of producing evidence as to a particular fact is on the party who would be defeated if no evidence were given on either side. Thereafter, the burden of producing evidence is on the party who would suffer a finding against that party in the absence of further evidence.
Mont. Code Ann. § 26-2-504 — MT Code / Title 26 / Chapter 2 / Part 5 / Section 26-2-504
26-2-504 Interpreters to be paid as witnesses
Status: in_force

26-2-504 . Interpreters to be paid as witnesses. Interpreters and translators must receive the same fees as witnesses.
Mont. Code Ann. § 26-1-103 — MT Code / Title 26 / Chapter 1 / Part 1 / Section 26-1-103
26-1-103 Declaration, act, or omission which is a part of the transaction
Status: in_force

26-1-103 . Declaration, act, or omission which is a part of the transaction. Where the declaration, act, or omission forms part of a transaction which is itself the fact in dispute or evidence of that fact, such declaration, act, or omission is evidence as part of the transaction.
Mont. Code Ann. § 26-2-202 — MT Code / Title 26 / Chapter 2 / Part 2 / Section 26-2-202
26-2-202 Motion and affidavit required
Status: in_force

26-2-202 . Motion and affidavit required. Such order can only be made on the motion of a party, upon affidavit showing the nature of the action or proceeding, the testimony expected from the witness, and its materiality.
Mont. Code Ann. § 26-1-623 — MT Code / Title 26 / Chapter 1 / Part 6 / Section 26-1-623
26-1-623 Presumption of authenticity of finding, report, or record
Status: in_force

26-1-623 . Presumption of authenticity of finding, report, or record. For the purposes of 26-1-622 , any finding, report, or record or certified copy of a finding, report, or record purporting to have been signed by an officer or employee of the United States as described in that section is prima facie considered to have been signed and issued by the officer or employee pursuant to law, and the person signing the finding, report, or record is prima facie considered to have acted within the scope of the officer's or employee's authority. If a copy purports to have been certified by a person authorized by law to certify the finding, report, or record, the certified copy must be prima facie evidence of the person's authority to certify.
Mont. Code Ann. § 26-2-303 — MT Code / Title 26 / Chapter 2 / Part 3 / Section 26-2-303
26-2-303 Person present required to testify
Status: in_force

26-2-303 . Person present required to testify. A person present in court or before a judicial officer may be required to testify in the same manner as if the person were in attendance upon a subpoena issued by the court or officer.
Mont. Code Ann. § 26-1-1006 — MT Code / Title 26 / Chapter 1 / Part 10 / Section 26-1-1006
26-1-1006 Verification of affidavit taken out of state
Status: in_force

26-1-1006 . Verification of affidavit taken out of state. When an affidavit is taken before a judge of a court in another state or in a foreign country, the genuineness of the signature of the judge, the existence of the court, and the fact that such judge is a member thereof must be certified by the clerk of the court, under the seal thereof.
Mont. Code Ann. § 26-1-202 — MT Code / Title 26 / Chapter 1 / Part 2 / Section 26-1-202
26-1-202 Questions of fact
Status: in_force

26-1-202 . Questions of fact. If a trial is by jury, all questions of fact other than those mentioned in 26-1-201 must be decided by the jury, and all evidence thereon must be addressed to them, except as otherwise provided by law. If the trial of a question of fact is not by jury, all evidence thereon must be addressed to the trial court, which shall decide such question.
Mont. Code Ann. § 26-2-203 — MT Code / Title 26 / Chapter 2 / Part 2 / Section 26-2-203
26-2-203 When production of witness may be required
Status: in_force

26-2-203 . When production of witness may be required. If the witness is imprisoned in the county where the action or proceeding is pending, the witness's production may be required. In all other cases, the witness's examination, when allowed, must be taken upon deposition.
Mont. Code Ann. § 26-1-1108 — MT Code / Title 26 / Chapter 1 / Part 11 / Section 26-1-1108
26-1-1108 Relation to Electronic Signatures in Global and National Commerce Act
Status: in_force

26-1-1108 . Relation to Electronic Signatures in Global and National Commerce Act. This part modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, 15 U.S.C. 7003(b).
Mont. Code Ann. § 26-2-106 — MT Code / Title 26 / Chapter 2 / Part 1 / Section 26-2-106
26-2-106 Warrant to arrest and bring in disobedient witness
Status: in_force

26-2-106 . Warrant to arrest and bring in disobedient witness. In case of a failure of a witness to attend, the court or officer issuing the subpoena, upon proof of the service and of the failure of the witness, may issue a warrant to the sheriff of the county to arrest the witness and bring the witness before the court or officer where attendance was required.
Mont. Code Ann. § 26-2-601 — MT Code / Title 26 / Chapter 2 / Part 6 / Section 26-2-601
26-2-601 Medical malpractice expert witness qualifications
Status: in_force

26-2-601 . Medical malpractice expert witness qualifications. (1) A person may not testify as an expert witness on issues relating to negligence and standards of care and practice in an action on a malpractice claim, as defined in 27-6-103 , for or against a health care provider, as defined in 27-6-103 , unless the person:

(a) is licensed as a health care provider in at least one state and routinely treats or has routinely treated within the previous 5 years the diagnosis or condition or provides the type of treatment that is the subject matter of the malpractice claim or is or was within the previous 5 years an instructor of students in an accredited health professional school or accredited residency or clinical research program relating to the diagnosis or condition or the type of treatment that is the subject matter of the malpractice claim; and

(b) shows by competent evidence that, as a result of education, training, knowledge, and experience in the evaluation, diagnosis, or treatment of the disease or injury that is the subject matter of the malpractice claim against the health care provider, the person is thoroughly familiar with the standards of care and practice as they related to the act or omission that is the subject matter of the malpractice claim on the date of the incident upon which the malpractice claim is based.

(2) If the malpractice claim involves treatment that is recommended or provided by a physician as defined in 37-3-102 , a person may not testify as an expert witness with respect to issues of negligence or standards of care and practice concerning the treatment unless the person is also a physician.

(3) A person qualified as an expert in one medical specialty or subspecialty is not qualified to testify with respect to a malpractice claim against a health care provider in another medical specialty or subspecialty unless there is a showing that the standards of care and practice in the two specialty or subspecialty fields are substantially similar. This subsection (3) does not apply if the subject matter of the malpractice claim against the health care provider is unrelated to the relevant specialty or subspecialty.
Mont. Code Ann. § 26-3-201 — MT Code / Title 26 / Chapter 3 / Part 2 / Section 26-3-201
26-3-201 Effect of judgment or final order -- when conclusive
Status: in_force

26-3-201 . Effect of judgment or final order -- when conclusive. The effect of a judgment or final order in an action or special proceeding before a court or judge of this state or of the United States having jurisdiction to pronounce the judgment or order is as follows:

(1) In case of a judgment or order against a specific thing, or in respect to the probate of a will or the administration of the estate of a decedent, or in respect to the personal, political, or legal condition or relation of a particular person, the judgment or order is conclusive upon the title to the thing, the will or administration, or the condition or relation of the person.

(2) In other cases, the judgment or order is, in respect to the matter directly adjudged, conclusive between the parties and their successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing under the same title and in the same capacity, provided they have notice, actual or constructive, of the pendency of the action or proceeding.
Mont. Code Ann. § 26-1-703 — MT Code / Title 26 / Chapter 1 / Part 7 / Section 26-1-703
26-1-703 Voluntary partial payment of claim not an admission of fault or waiver
Status: in_force

26-1-703 . Voluntary partial payment of claim not an admission of fault or waiver. (1) A voluntary partial payment of a claim against any person based on alleged liability of that person may not be construed as an admission of fault or liability or as a waiver or release of claim by the person to whom or in whose behalf the payment was made. A voluntary partial payment may not be construed to reduce the amount of damages that may be pleaded or proved in any action arising out of the occurrence.

(2) This section does not apply to actions brought under 33-18-201 or 33-18-242 .

(3) This section does not apply to proceedings to determine attorney fees relating to breach of contract, including but not limited to proceedings involving:

(a) offers of judgment; or

(b) claims seeking attorney fees from an insurer.

(4) This section does not apply to damages awarded after the entry of a verdict at the discretion of the court, including as provided in 30-14-133 , 33-25-402 , 70-16-106 , 70-16-107 , and 70-27-206 .
Mont. Code Ann. § 26-1-622 — MT Code / Title 26 / Chapter 1 / Part 6 / Section 26-1-622
26-1-622 Official reports and records made pursuant to federal law prima facie evidence
Status: in_force

26-1-622 . Official reports and records made pursuant to federal law prima facie evidence. An official written report or record, or duly certified copy thereof, that a person is dead or alive; missing; missing in action; interned in a neutral country; or beleaguered, besieged, or captured by an enemy, made by any officer or employee of the United States authorized by law of the United States to make same, shall be received in any court, office, or other place in this state as prima facie evidence that such person is dead or alive; missing; missing in action; interned in a neutral country; or beleaguered, besieged, or captured by an enemy, as the case may be.
Mont. Code Ann. § 26-1-706 — MT Code / Title 26 / Chapter 1 / Part 7 / Section 26-1-706
26-1-706 Effect of payment on judgment
Status: in_force

26-1-706 . Effect of payment on judgment. After entry of a judgment in an action for damages, any voluntary partial payment made up to that time must be treated as a credit against the judgment and must be deductible from the amount of the judgment. If after partial voluntary payments are made as provided in this section, it must be determined by a court of competent jurisdiction that the person who made the payments or on whose behalf the payments are made is liable for an amount that is less than the amount of the voluntary payments already made, the person may not have a right of action for the recovery of the amount by which the voluntary payments exceeded the amount of the judgment.
Mont. Code Ann. § 26-1-303 — MT Code / Title 26 / Chapter 1 / Part 3 / Section 26-1-303
26-1-303 Instructions to jury on how to evaluate evidence
Status: in_force

26-1-303 . Instructions to jury on how to evaluate evidence. The jury is to be instructed by the court on all proper occasions that:

(1) their power of judging the effect of evidence is not arbitrary but to be exercised with legal discretion and in subordination to the rules of evidence;

(2) they are not bound to decide in conformity with the declarations of any number of witnesses that do not produce conviction in their minds, against a less number or against a presumption or other evidence satisfying their minds;

(3) a witness false in one part of the witness's testimony is to be distrusted in others;

(4) the testimony of a person legally accountable for the acts of the accused ought to be viewed with distrust;

(5) if weaker and less satisfactory evidence is offered and it appears that it is within the power of the party to offer stronger and more satisfactory evidence, the evidence offered should be viewed with distrust.
Mont. Code Ann. § 26-1-702 — MT Code / Title 26 / Chapter 1 / Part 7 / Section 26-1-702
26-1-702 Person defined
Status: in_force

26-1-702 . Person defined. As used in this part, the word "person" includes any individual, partnership, joint venture, unincorporated association, private or municipal corporation, the state and its political subdivisions.
Mont. Code Ann. § 26-2-507 — MT Code / Title 26 / Chapter 2 / Part 5 / Section 26-2-507
26-2-507 Demand for advance payment of witness fees in civil action
Status: in_force

26-2-507 . Demand for advance payment of witness fees in civil action. A witness is not obliged to attend court or appear before a referee, officer authorized to take depositions, or commissioner, when subpoenaed, unless the witness's mileage and fees for 1 day's attendance are tendered or paid to the witness on demand or unless the fees for attendance for each succeeding day are tendered or paid to the witness on demand. The fees of witnesses paid may be taxed as costs against the losing party.
Mont. Code Ann. § 26-1-806 — MT Code / Title 26 / Chapter 1 / Part 8 / Section 26-1-806
26-1-806 Speech-language pathologist, audiologist-client privilege
Status: in_force

26-1-806 . Speech-language pathologist, audiologist-client privilege. A speech-language pathologist or audiologist may not, without the consent of the client, be examined in a civil action as to any communication made by the client to the pathologist or audiologist.
Mont. Code Ann. § 26-2-107 — MT Code / Title 26 / Chapter 2 / Part 1 / Section 26-2-107
26-2-107 Contents of warrant -- execution
Status: in_force

26-2-107 . Contents of warrant -- execution. Each warrant of commitment issued by a court or officer pursuant to this part must specify, particularly, the cause of the commitment. If the warrant is issued for refusing to answer a question, the question must be stated in the warrant. Each warrant to arrest or commit a witness pursuant to this part must be directed to the sheriff of the county where the witness may be and must be executed by the sheriff in the same manner as process by the district court.
Mont. Code Ann. § 26-3-205 — MT Code / Title 26 / Chapter 3 / Part 2 / Section 26-3-205
26-3-205 Effect of judgments of other foreign tribunals
Status: in_force

26-3-205 . Effect of judgments of other foreign tribunals. The effect of the judgment of any other tribunal of a foreign country having jurisdiction to pronounce the judgment is as follows:

(1) In case of a judgment against a specific thing, the judgment is conclusive upon the title to the thing.

(2) In case of a judgment against a person, the judgment is presumptive evidence of a right as between the parties and their successors in interest by a subsequent title and can only be repelled by evidence of a want of jurisdiction, want of notice to the party, collusion, fraud, or clear mistake of law or fact.
Mont. Code Ann. § 26-1-810 — MT Code / Title 26 / Chapter 1 / Part 8 / Section 26-1-810
26-1-810 Confidential communications made to public officer
Status: in_force

26-1-810 . Confidential communications made to public officer. A public officer may not be examined as to communications made to the officer in official confidence when the public interests would suffer by the disclosure.
Mont. Code Ann. § 26-2-111 — MT Code / Title 26 / Chapter 2 / Part 1 / Section 26-2-111
26-2-111 Time during which subpoena is effective
Status: in_force

26-2-111 . Time during which subpoena is effective. A subpoena remains in effect unless quashed or until judgment, dismissal, or other final determination of the action by the court in which the action was filed or to which the action was transferred.
Mont. Code Ann. § 26-1-805 — MT Code / Title 26 / Chapter 1 / Part 8 / Section 26-1-805
26-1-805 Doctor-patient privilege
Status: in_force

26-1-805 . Doctor-patient privilege. Except as provided in Rule 35, Montana Rules of Civil Procedure, a licensed physician, surgeon, or dentist may not, without the consent of the patient, be examined in a civil action as to any information acquired in attending the patient that was necessary to enable the physician, surgeon, or dentist to prescribe or act for the patient. A communication described in 45-9-104 (7) is not a privileged communication.
Mont. Code Ann. § 26-1-1102 — MT Code / Title 26 / Chapter 1 / Part 11 / Section 26-1-1102
26-1-1102 Definitions
Status: in_force

26-1-1102 . Definitions. In this part, the following definitions apply:

(1) "Boundaries of the United States" means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.

(2) "Law" includes the federal or a state constitution, a federal or state statute, a judicial decision or order, a rule of court, an executive order, and an administrative rule, regulation, or order.

(3) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(4) "Sign" means, with present intent to authenticate or adopt a record:

(a) to execute or adopt a tangible symbol; or

(b) to attach to or logically associate with the record an electronic symbol, sound, or process.

(5) "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(6) "Sworn declaration" means a declaration in a signed record given under oath. The term includes a sworn statement, verification, certificate, and affidavit.

(7) "Unsworn declaration" means a declaration in a signed record that is not given under oath, but is given under penalty of perjury.
Mont. Code Ann. § 26-1-624 — MT Code / Title 26 / Chapter 1 / Part 6 / Section 26-1-624
26-1-624 No presumption from tax status of property
Status: in_force

26-1-624 . No presumption from tax status of property. In a dispute over the title to the bed of a river or stream, a presumption may not be made based upon whether the department of revenue considers the property to be taxable or nontaxable.
Mont. Code Ann. § 26-1-1001 — MT Code / Title 26 / Chapter 1 / Part 10 / Section 26-1-1001
26-1-1001 Affidavit defined
Status: in_force

26-1-1001 . Affidavit defined. An "affidavit" is a written declaration under oath, made without notice to the adverse party.
Mont. Code Ann. § 26-1-903 — MT Code / Title 26 / Chapter 1 / Part 9 / Section 26-1-903
26-1-903 Waiver of privilege
Status: in_force

26-1-903 . Waiver of privilege. (1) Except as provided in subsection (2), dissemination in whole or in part does not constitute a waiver of provisions of 26-1-902 .

(2) If the person claiming the privilege testifies, with or without having been subpoenaed or ordered to testify or produce the source, before a judicial, legislative, administrative, or other body having the power to issue subpoenas or judicially enforceable orders, the person does not waive the provisions of 26-1-902 unless the person voluntarily agrees to waive the privilege or voluntarily discloses the source in the course of the person's testimony. Except as provided in this subsection, the provisions of 26-1-902 may not be waived.
Mont. Code Ann. § 26-2-401 — MT Code / Title 26 / Chapter 2 / Part 4 / Section 26-2-401
26-2-401 Right of witness to protection from harassment
Status: in_force

26-2-401 . Right of witness to protection from harassment. It is the right of a witness to be protected from irrelevant, improper, or insulting questions and from harsh or insulting demeanor; to be detained only so long as the interests of justice require it; to be examined only as to matters legal and pertinent to the issue.
Mont. Code Ann. § 26-2-201 — MT Code / Title 26 / Chapter 2 / Part 2 / Section 26-2-201
26-2-201 Court order to obtain deposition or attendance of prisoner
Status: in_force

26-2-201 . Court order to obtain deposition or attendance of prisoner. If the witness is a prisoner confined in a jail or prison within this state, an order for the witness's examination in the jail or prison upon deposition or for the witness's temporary removal and production before a court or officer for the purpose of being orally examined may be made as follows:

(1) by the court itself in which the action or special proceeding is pending unless it is a justice's court;

(2) by a justice of the supreme court or a judge of the district court of the county where the action or proceeding is pending if pending before a justice's court or before a judge or other person out of court.
Mont. Code Ann. § 26-1-1105 — MT Code / Title 26 / Chapter 1 / Part 11 / Section 26-1-1105
26-1-1105 Required medium
Status: in_force

26-1-1105 . Required medium. If a law of this state requires that a sworn declaration be presented in a particular medium, an unsworn declaration must be presented in that medium.
Mont. Code Ann. § 26-1-1002 — MT Code / Title 26 / Chapter 1 / Part 10 / Section 26-1-1002
26-1-1002 Permissible uses for affidavits
Status: in_force

26-1-1002 . Permissible uses for affidavits. An affidavit may be used:

(1) to verify a pleading or a paper in a special proceeding;

(2) to prove the service of a summons, notice, or other paper in an action or special proceeding;

(3) to obtain a provisional remedy, the examination of a witness, or a stay of proceedings;

(4) upon a motion; and

(5) in any other case expressly permitted by some other provision of this code.
Mont. Code Ann. § 26-1-102 — MT Code / Title 26 / Chapter 1 / Part 1 / Section 26-1-102
26-1-102 Definitions -- kinds of evidence
Status: in_force

26-1-102 . Definitions -- kinds of evidence. (1) "Circumstantial evidence" is that which tends to establish a fact by proving another and which, though true, does not of itself conclusively establish that fact but affords an inference or presumption of its existence.

(2) (a) "Conclusive evidence" is that which the law does not permit to be contradicted.

(b) No evidence is by law made conclusive unless so declared by statute.

(3) "Corroborative evidence" is additional evidence of a different character to the same point.

(4) "Cumulative evidence" is additional evidence of the same character to the same point.

(5) "Direct evidence" is that which proves a fact without an inference or presumption and which in itself, if true, establishes that fact.

(6) "Prima facie evidence" is that which proves a particular fact until contradicted and overcome by other evidence.
Mont. Code Ann. § 26-1-1004 — MT Code / Title 26 / Chapter 1 / Part 10 / Section 26-1-1004
26-1-1004 Affidavits made in another state -- before whom taken
Status: in_force

26-1-1004 . Affidavits made in another state -- before whom taken. An affidavit taken in another state of the United States to be used in this state may be taken before a commissioner appointed by the governor of this state to take affidavits and depositions in such other state, before any notary public in another state, or before any judge or clerk of a court of record having a seal.
Mont. Code Ann. § 26-2-104 — MT Code / Title 26 / Chapter 2 / Part 1 / Section 26-2-104
26-2-104 Disobedience -- how punished
Status: in_force

26-2-104 . Disobedience -- how punished. Disobedience to a subpoena or a refusal to be sworn or to answer as a witness or to subscribe an affidavit or deposition, when required, may be punished as a contempt by the court issuing the subpoena or requiring the witness to be sworn, to answer, or to subscribe. If the witness is a party, the party's complaint or answer may be stricken out.
Mont. Code Ann. § 26-2-101 — MT Code / Title 26 / Chapter 2 / Part 1 / Section 26-2-101
26-2-101 Subpoena defined
Status: in_force

26-2-101 . Subpoena defined. The process by which the attendance of a witness is required is by a subpoena. A subpoena is a writ or order directed to a person and requiring the person's attendance at a particular time and place to testify as a witness. The subpoena may also require the person to bring with the person any books, documents, or other things under the person's control that the person is bound by law to produce in evidence.
Mont. Code Ann. § 26-1-605 — MT Code / Title 26 / Chapter 1 / Part 6 / Section 26-1-605
26-1-605 Entries in official books and records prima facie evidence
Status: in_force

26-1-605 . Entries in official books and records prima facie evidence. Entries in public or other official books or records made in the performance of the officer's duty by a public officer of this state or any other person in the performance of a duty specially enjoined by law are prima facie evidence of the facts stated in the book or record.
Mont. Code Ann. § 26-3-203 — MT Code / Title 26 / Chapter 3 / Part 2 / Section 26-3-203
26-3-203 Effect of judicial record of another state
Status: in_force

26-3-203 . Effect of judicial record of another state. The effect of a judicial record of another state is the same in this state as in the state where it was made, except that it may be enforced in this state only by an action or special proceeding. However, the authority of a guardian, committee, executor, or administrator does not extend beyond the jurisdiction of the government under which the guardian, committee, executor, or administrator was invested with authority.
Mont. Code Ann. § 26-2-103 — MT Code / Title 26 / Chapter 2 / Part 1 / Section 26-2-103
26-2-103 Service of subpoena on concealed witness
Status: in_force

26-2-103 . Service of subpoena on concealed witness. If a witness is concealed in a building or vessel so as to prevent the service of a subpoena upon the witness, any court, judge, or any officer issuing a subpoena may, upon proof by affidavit of the concealment and of the materiality of the witness, make an order that the sheriff of the county serve the subpoena, and the sheriff shall serve it accordingly and, for that purpose, may break into the building or vessel where the witness is concealed.
Mont. Code Ann. § 26-1-603 — MT Code / Title 26 / Chapter 1 / Part 6 / Section 26-1-603
26-1-603 Books containing laws presumed correct
Status: in_force

26-1-603 . Books containing laws presumed correct. Books printed or published under the authority of a sister state or foreign country and purporting to contain the statutes, code, or other written law of such state or country or proved to be commonly admitted in the tribunals of such state or country as evidence of the written law thereof are admissible in this state as evidence of such law.
Mont. Code Ann. § 26-1-701 — MT Code / Title 26 / Chapter 1 / Part 7 / Section 26-1-701
26-1-701 Legislative policy
Status: in_force

26-1-701 . Legislative policy. The legislature declares that the health, welfare, and safety of the people of the state of Montana would be enhanced by the expeditious handling of claims. The legislature further declares that the handling of claims would be expedited if voluntary payment by or on behalf of one person to or on behalf of a person who possesses a claim may not be construed as an admission of fault or liability as to any claim.
Mont. Code Ann. § 26-2-405 — MT Code / Title 26 / Chapter 2 / Part 4 / Section 26-2-405
26-2-405 Discharge of witness from arrest by court or judge
Status: in_force

26-2-405 . Discharge of witness from arrest by court or judge. The court or officer issuing the subpoena and the court or officer before whom the attendance is required may discharge the witness from an arrest made in violation of 26-2-402 . If the court has adjourned before the arrest or before application for discharge, a judge of the court may grant the discharge.
Mont. Code Ann. § 26-2-402 — MT Code / Title 26 / Chapter 2 / Part 4 / Section 26-2-402
26-2-402 Witness protected from arrest when attending, going, and returning
Status: in_force

26-2-402 . Witness protected from arrest when attending, going, and returning. Every person who has been, in good faith, served with a subpoena to attend as a witness before a court, judge, commissioner, referee, or other person in a case where the disobedience of the witness may be punished as a contempt is exonerated from arrests in a civil action while going to the place of attendance, necessarily remaining there, and returning therefrom.
Mont. Code Ann. § 26-2-302 — MT Code / Title 26 / Chapter 2 / Part 3 / Section 26-2-302
26-2-302 Witness required to answer questions
Status: in_force

26-2-302 . Witness required to answer questions. A witness shall answer questions legal and pertinent to the matter in issue though the answer may establish a claim against the witness. However, the witness is not required to give an answer that will have a tendency to subject the witness to punishment for a felony or to give an answer that will have a direct tendency to degrade the witness's character unless the answer is to the very fact in issue or to a fact from which the fact in issue would be presumed.
Mont. Code Ann. § 26-1-1106 — MT Code / Title 26 / Chapter 1 / Part 11 / Section 26-1-1106
26-1-1106 Form of unsworn declaration
Status: in_force

26-1-1106 . Form of unsworn declaration. An unsworn declaration under this part must be in substantially the following form:

I declare under penalty of perjury under the law of Montana that the foregoing is true and correct, and that I am physically located outside the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States.

Executed on the ......... (date) day of ........... (month), .......... (year), at .........................(city or other location, and state), ................ (country).

.................... (printed name)

.................... (signature)
Mont. Code Ann. § 26-1-601 — MT Code / Title 26 / Chapter 1 / Part 6 / Section 26-1-601
26-1-601 List of conclusive presumptions
Status: in_force

26-1-601 . List of conclusive presumptions. The following presumptions are conclusive:

(1) the truth of a declaration, act, or omission of a party, as against that party in any litigation arising out of the declaration, act, or omission, whenever the party has, by the declaration, act, or omission, intentionally led another to believe a particular thing true and to act upon that belief;

(2) that a tenant is not permitted to deny the title of the landlord at the time of the commencement of the relation;

(3) the judgment or order of a court, which is declared by statute to be conclusive;

(4) any other presumption that, by statute, is expressly made conclusive.
Mont. Code Ann. § 26-2-509 — MT Code / Title 26 / Chapter 2 / Part 5 / Section 26-2-509
26-2-509 Certificate of clerk to witness to obtain payment
Status: in_force

26-2-509 . Certificate of clerk to witness to obtain payment. The clerk of any court before which a witness has attended on behalf of the state or county in a civil action shall give to the witness a certificate under seal of travel and attendance that entitles the witness to receive the amount stated in the certificate from the state or county treasurer.
Mont. Code Ann. § 26-3-105 — MT Code / Title 26 / Chapter 3 / Part 1 / Section 26-3-105
26-3-105 Impeachment of a judicial record
Status: in_force

26-3-105 . Impeachment of a judicial record. Any judicial record may be impeached by evidence of a want of jurisdiction in the court or judicial officer, of collusion between the parties, or of fraud in the party offering the record in respect to the proceedings.
Mont. Code Ann. § 26-1-801 — MT Code / Title 26 / Chapter 1 / Part 8 / Section 26-1-801
26-1-801 Policy to protect confidentiality in certain relations
Status: in_force

26-1-801 . Policy to protect confidentiality in certain relations. There are particular relations in which it is the policy of the law to encourage confidence and to preserve it inviolate; therefore, a person cannot be examined as a witness in the cases enumerated in this part.
Mont. Code Ann. § 26-1-403 — MT Code / Title 26 / Chapter 1 / Part 4 / Section 26-1-403
26-1-403 Instructions to jury on standard of proof required to meet burden of persuasion
Status: in_force

26-1-403 . Instructions to jury on standard of proof required to meet burden of persuasion. The jury is to be instructed by the court on all proper occasions:

(1) that in civil cases the affirmative of the issue must be proved, and when the evidence is contradictory, the decision must be made according to the preponderance of the evidence; and

(2) that in criminal cases guilt must be established beyond reasonable doubt.
Mont. Code Ann. § 26-1-804 — MT Code / Title 26 / Chapter 1 / Part 8 / Section 26-1-804
26-1-804 Confessions made to member of clergy
Status: in_force

26-1-804 . Confessions made to member of clergy. A member of the clergy or priest may not, without the consent of the person making the confession, be examined as to any confession made to the individual in the individual's professional character in the course of discipline enjoined by the church to which the individual belongs.
Mont. Code Ann. § 26-1-203 — MT Code / Title 26 / Chapter 1 / Part 2 / Section 26-1-203
26-1-203 Who to judge effect and value of evidence
Status: in_force

26-1-203 . Who to judge effect and value of evidence. The jury, subject to the control of the court, is the judge of the effect and value of evidence addressed to it, except when the evidence is declared to be conclusive. The court is the judge of the effect and value of evidence addressed to it.
Mont. Code Ann. § 26-1-1011 — MT Code / Title 26 / Chapter 1 / Part 10 / Section 26-1-1011
26-1-1011 Affidavit of printer or publisher as evidence of publication
Status: in_force

26-1-1011 . Affidavit of printer or publisher as evidence of publication. Evidence of the publication of a document or notice required by law or by an order of a court or judge to be published in a newspaper may be given by the affidavit of the printer or publisher of the newspaper or the printer's or publisher's supervisor or principal clerk, annexed to a copy of the document or notice, specifying the times when and the paper in which the publication was made.
Mont. Code Ann. § 26-2-503 — MT Code / Title 26 / Chapter 2 / Part 5 / Section 26-2-503
26-2-503 Witnesses in courts not of record -- criminal actions and on coroner's inquests
Status: in_force

26-2-503 . Witnesses in courts not of record -- criminal actions and on coroner's inquests. Witnesses in courts not of record in criminal actions and on coroner's inquests shall receive $10 per day for actual attendance and mileage as provided in 2-18-503 for each mile actually and necessarily traveled from their places of residence to the court and return.
Mont. Code Ann. § 26-2-501 — MT Code / Title 26 / Chapter 2 / Part 5 / Section 26-2-501
26-2-501 Witnesses in courts of record and before certain court officers
Status: in_force

26-2-501 . Witnesses in courts of record and before certain court officers. (1) Except as provided in 26-2-505 and subsection (2) of this section, witness fees are as follows:

(a) for attending in any civil or criminal action or proceeding before any court of record, referee, or officer authorized to take depositions or commissioners to assess damages or otherwise, for each day, $10;

(b) for mileage in traveling to the place of trial or hearing, each way, for each mile, a mileage allowance as provided in 2-18-503 .

(2) However, an officer of the United States, the state of Montana, or any county, incorporated city, or town within the limits of the state of Montana may not receive any per diem when testifying in a criminal proceeding, and a witness may not receive fees in more than one criminal case on the same day.
Mont. Code Ann. § 26-1-902 — MT Code / Title 26 / Chapter 1 / Part 9 / Section 26-1-902
26-1-902 Extent of privilege -- definition
Status: in_force

26-1-902 . Extent of privilege -- definition. (1) Without a person's consent, a person, including any newspaper, magazine, press association, news agency, news service, radio station, television station, or community antenna television service or any person connected with or employed by any of these for the purpose of gathering, writing, editing, or disseminating news, may not be examined as to or may not be required to disclose any information obtained or prepared or the source of that information in any legal proceeding if the information was gathered, received, or processed in the course of the person's employment or business.

(2) A person described in subsection (1) or an electronic communication service used by that person may not be adjudged in contempt by a judicial, legislative, administrative, or any other body having the power to issue subpoenas for refusing to disclose or produce the source of any information or for refusing to disclose any information obtained or prepared in gathering, receiving, or processing information in the course of the person's business.

(3) A judicial, legislative, administrative, or other governmental body may not request or require the disclosure of information otherwise protected under subsection (1) from an electronic communication service.

(4) For the purposes of this section, "electronic communication service" means a service used to send, receive, transmit, store, or facilitate electronic communications.
Mont. Code Ann. § 26-1-807 — MT Code / Title 26 / Chapter 1 / Part 8 / Section 26-1-807
26-1-807 Mental health professional-client privilege
Status: in_force

26-1-807 . Mental health professional-client privilege. The confidential relations and communications between a psychologist, psychiatrist, licensed professional counselor, or licensed clinical social worker and a client must be placed on the same basis as provided by law for those between an attorney and a client. Nothing in any act of the legislature may be construed to require the privileged communications to be disclosed.
Mont. Code Ann. § 26-1-608 — MT Code / Title 26 / Chapter 1 / Part 6 / Section 26-1-608
26-1-608 Photographs of items allegedly taken or converted -- admissibility procedure
Status: in_force

26-1-608 . Photographs of items allegedly taken or converted -- admissibility procedure. (1) In a prosecution for a violation of 45-6-301 , photographs of the items alleged to have been taken or converted are competent evidence of the items and are admissible in a proceeding, hearing, or trial as if the items themselves were introduced as evidence so long as responding law enforcement personnel have designated a person to be responsible for properly photographing the items and preserving the photographic evidence.

(2) The designated person shall write a report in connection with photographing the items. The report must include a written description of the items alleged to have been taken or converted, the name of the owner from whom the items were allegedly taken or the store or establishment, as appropriate, where the alleged offense occurred, the name of the accused, the name of the arresting officer, the date the photographs were taken, and a statement by the photographer that the photographs accurately represent the items in question.

(3) Upon the filing of the photograph and the report written pursuant to subsection (2) with the law enforcement agency or court holding the items as evidence, the items must be returned to their owner or the proprietor or manager of the store or establishment.
Mont. Code Ann. § 26-3-104 — MT Code / Title 26 / Chapter 3 / Part 1 / Section 26-3-104
26-3-104 Principal bound when surety bound
Status: in_force

26-3-104 . Principal bound when surety bound. Whenever, pursuant to 26-3-102 , 26-3-103 , 26-3-201 , and 26-3-202 , a party is bound by a record and the party stands in the relation of a surety for another, the other person is also bound from the time that the person has notice of the action or proceeding and an opportunity at the surety's request to join in the defense.
Mont. Code Ann. § 26-1-704 — MT Code / Title 26 / Chapter 1 / Part 7 / Section 26-1-704
26-1-704 Fact of payment and amount inadmissible as evidence
Status: in_force

26-1-704 . Fact of payment and amount inadmissible as evidence. The fact of any such voluntary payment or its amount shall not be admissible as evidence on the trial of any action arising out of such occurrence, whether on the issue of liability, the extent of the damage, or otherwise.
Mont. Code Ann. § 26-1-402 — MT Code / Title 26 / Chapter 1 / Part 4 / Section 26-1-402
26-1-402 Who has burden of persuasion
Status: in_force

26-1-402 . Who has burden of persuasion. Except as otherwise provided by law, a party has the burden of persuasion as to each fact the existence or nonexistence of which is essential to the claim for relief or defense the party is asserting.
Mont. Code Ann. § 26-3-202 — MT Code / Title 26 / Chapter 3 / Part 2 / Section 26-3-202
26-3-202 Effect of other judicial orders -- when disputable presumption created
Status: in_force

26-3-202 . Effect of other judicial orders -- when disputable presumption created. Other judicial orders of a court or judge of this state or of the United States create a disputable presumption, according to the matter directly determined, between the same parties and their representatives and successors in interest by title subsequent to the commencement of the action or special proceeding, litigating for the same thing under the same title and in the same capacity.