reglab/housing_qa huggingface dataset:
MT Code § 26-2-501 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 2. Subpoenas and Witnesses|Part 5. Witness Fees|26-2-501. Witnesses in courts of record and before certain court officers

  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.   History: En. Sec. 4648, Pol. C. 1895; re-en. Sec. 3182, Rev. C. 1907; re-en. Sec. 4936, R.C.M. 1921; amd. Sec. 2, Ch. 18, L. 1935; re-en. Sec. 4936, R.C.M. 1935; amd. Sec. 2, Ch. 117, L. 1963; amd. Sec. 3, Ch. 332, L. 1971; amd. Sec. 11, Ch. 439, L. 1975; R.C.M. 1947, 25-404; amd. Sec. 23, Ch. 449, L. 2005.
MT Code § 26-2-502 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 2. Subpoenas and Witnesses|Part 5. Witness Fees|26-2-502. Witnesses in courts not of record -- civil actions

  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.   History: En. Sec. 3, Ch. 48, L. 1903; re-en. Sec. 3186, Rev. C. 1907; re-en. Sec. 4941, R.C.M. 1921; amd. Sec. 3, Ch. 18, L. 1935; re-en. Sec. 4941, R.C.M. 1935; amd. Sec. 4, Ch. 332, L. 1971; amd. Sec. 7, Ch. 420, L. 1975; R.C.M. 1947, 25-409; amd. Sec. 2, Ch. 334, L. 1985.
MT Code § 26-2-503 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 2. Subpoenas and Witnesses|Part 5. Witness Fees|26-2-503. Witnesses in courts not of record -- criminal actions and on coroner's inquests

  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.   History: En. Sec. 4, Ch. 48, L. 1903; re-en. Sec. 3187, Rev. C. 1907; re-en. Sec. 4942, R.C.M. 1921; amd. Sec. 4, Ch. 18, L. 1935; re-en. Sec. 4942, R.C.M. 1935; amd. Sec. 5, Ch. 332, L. 1971; amd. Sec. 8, Ch. 420, L. 1975; R.C.M. 1947, 25-410; amd. Sec. 3, Ch. 334, L. 1985.
MT Code § 26-2-504 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 2. Subpoenas and Witnesses|Part 5. Witness Fees|26-2-504. Interpreters to be paid as witnesses

  26-2-504. Interpreters to be paid as witnesses. Interpreters and translators must receive the same fees as witnesses.   History: En. Sec. 4657, Pol. C. 1895; re-en. Sec. 3191, Rev. C. 1907; re-en. Sec. 4946, R.C.M. 1921; re-en. Sec. 4946, R.C.M. 1935; R.C.M. 1947, 25-413.
MT Code § 26-2-505 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 2. Subpoenas and Witnesses|Part 5. Witness Fees|26-2-505. Expert witnesses

  26-2-505. Expert witnesses. An expert is a witness and receives the same compensation as a witness.   History: En. Sec. 4658, Pol. C. 1895; re-en. Sec. 3192, Rev. C. 1907; re-en. Sec. 4947, R.C.M. 1921; re-en. Sec. 4947, R.C.M. 1935; R.C.M. 1947, 25-414.
MT Code § 26-2-506 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 2. Subpoenas and Witnesses|Part 5. Witness Fees|26-2-506. Fees paid by party subpoenaing -- exceptions

  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 may reimburse a county for fees and compensation of a witness up to the amount appropriated for witness expenses. If money appropriated for the expenses listed in subsection (2)(b) is insufficient to fully fund those expenses, the county is responsible for payment of the balance.   (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.   History: En. Sec. 4654, Pol. C. 1895; re-en. Sec. 3188, Rev. C. 1907; re-en. Sec. 4943, R.C.M. 1921; re-en. Sec. 4943, R.C.M. 1935; R.C.M. 1947, 25-411; amd. Sec. 24, Ch. 449, L. 2005; amd. Sec. 9, Ch. 358, L. 2017; amd. Sec. 1, Ch. 205, L. 2019.
MT Code § 26-2-507 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 2. Subpoenas and Witnesses|Part 5. Witness Fees|26-2-507. Demand for advance payment of witness fees in civil action

  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.   History: En. Sec. 4655, Pol. C. 1895; re-en. Sec. 3189, Rev. C. 1907; re-en. Sec. 4944, R.C.M. 1921; amd. Sec. 1, Ch. 71, L. 1927; re-en. Sec. 4944, R.C.M. 1935; R.C.M. 1947, 25-412; amd. Sec. 555, Ch. 56, L. 2009.
MT Code § 26-2-508 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 2. Subpoenas and Witnesses|Part 5. Witness Fees|26-2-508. Witnesses for state, county, or public defender -- advance payment not required

  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.   History: En. Sec. 4620, Pol. C. 1895; re-en. Sec. 3153, Rev. C. 1907; re-en. Sec. 4902, R.C.M. 1921; re-en. Sec. 4902, R.C.M. 1935; R.C.M. 1947, 25-218; amd. Sec. 25, Ch. 449, L. 2005.
MT Code § 26-2-509 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 2. Subpoenas and Witnesses|Part 5. Witness Fees|26-2-509. Certificate of clerk to witness to obtain payment

  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.   History: En. Sec. 4621, Pol. C. 1895; re-en. Sec. 3154, Rev. C. 1907; re-en. Sec. 4903, R.C.M. 1921; re-en. Sec. 4903, R.C.M. 1935; R.C.M. 1947, 25-219; amd. Sec. 556, Ch. 56, L. 2009.
MT Code § 26-2-510 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 2. Subpoenas and Witnesses|Part 5. Witness Fees|26-2-510. Application of sections exempting from advance payment

  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.   History: En. Sec. 4622, Pol. C. 1895; re-en. Sec. 3155, Rev. C. 1907; re-en. Sec. 4904, R.C.M. 1921; re-en. Sec. 4904, R.C.M. 1935; R.C.M. 1947, 25-220; amd. Sec. 26, Ch. 449, L. 2005.
MT Code § 26-2-511 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 2. Subpoenas and Witnesses|Part 5. Witness Fees|26-2-511. through 26-2-514 reserved

  26-2-511 through 26-2-514 reserved.
MT Code § 26-2-515 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 2. Subpoenas and Witnesses|Part 5. Witness Fees|26-2-515. State employees -- compensation for time spent answering subpoena

  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.   History: En. Sec. 1, Ch. 450, L. 1995.
MT Code § 26-2-601 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 2. Subpoenas and Witnesses|Part 6. Expert Witness Qualifications -- Medical Malpractice|26-2-601. Medical malpractice expert witness qualifications

  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.   History: En. Sec. 1, Ch. 49, L. 2005.
MT Code § 26-3-101 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 3. Effect of Former Judgments and Orders|Part 1. General Provisions|26-3-101. Kinds of jurisdiction necessary to sustain a record

  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.   History: En. Sec. 3205, C. Civ. Proc. 1895; re-en. Sec. 7923, Rev. C. 1907; re-en. Sec. 10567, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1917; re-en. Sec. 10567, R.C.M. 1935; R.C.M. 1947, 93-1001-29.
MT Code § 26-3-102 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 3. Effect of Former Judgments and Orders|Part 1. General Provisions|26-3-102. What considered adjudged in a judgment

  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.   History: En. Sec. 3199, C. Civ. Proc. 1895; re-en. Sec. 7917, Rev. C. 1907; re-en. Sec. 10561, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1911; re-en. Sec. 10561, R.C.M. 1935; R.C.M. 1947, 93-1001-23.
MT Code § 26-3-103 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 3. Effect of Former Judgments and Orders|Part 1. General Provisions|26-3-103. When parties are considered to be the same

  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.   History: En. Sec. 3198, C. Civ. Proc. 1895; re-en. Sec. 7916, Rev. C. 1907; re-en. Sec. 10560, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1910; re-en. Sec. 10560, R.C.M. 1935; R.C.M. 1947, 93-1001-22.
MT Code § 26-3-104 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 3. Effect of Former Judgments and Orders|Part 1. General Provisions|26-3-104. Principal bound when surety bound

  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.   History: En. Sec. 3200, C. Civ. Proc. 1895; re-en. Sec. 7918, Rev. C. 1907; re-en. Sec. 10562, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1912; re-en. Sec. 10562, R.C.M. 1935; R.C.M. 1947, 93-1001-24; amd. Sec. 557, Ch. 56, L. 2009.
MT Code § 26-3-105 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 3. Effect of Former Judgments and Orders|Part 1. General Provisions|26-3-105. Impeachment of a judicial record

  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.   History: En. Sec. 3204, C. Civ. Proc. 1895; re-en. Sec. 7922, Rev. C. 1907; re-en. Sec. 10566, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1916; re-en. Sec. 10566, R.C.M. 1935; R.C.M. 1947, 93-1001-28.
MT Code § 26-3-201 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 3. Effect of Former Judgments and Orders|Part 2. Effect of Specific Kinds of Judicial Records|26-3-201. Effect of judgment or final order -- when conclusive

  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.   History: En. Sec. 3196, C. Civ. Proc. 1895; re-en. Sec. 7914, Rev. C. 1907; re-en. Sec. 10558, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1908; re-en. Sec. 10558, R.C.M. 1935; R.C.M. 1947, 93-1001-20.
MT Code § 26-3-202 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 3. Effect of Former Judgments and Orders|Part 2. Effect of Specific Kinds of Judicial Records|26-3-202. Effect of other judicial orders -- when disputable presumption created

  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.   History: En. Sec. 3197, C. Civ. Proc. 1895; re-en. Sec. 7915, Rev. C. 1907; re-en. Sec. 10559, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1909; re-en. Sec. 10559, R.C.M. 1935; R.C.M. 1947, 93-1001-21.
MT Code § 26-3-203 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 3. Effect of Former Judgments and Orders|Part 2. Effect of Specific Kinds of Judicial Records|26-3-203. Effect of judicial record of another state

  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.   History: En. Sec. 3201, C. Civ. Proc. 1895; re-en. Sec. 7919, Rev. C. 1907; re-en. Sec. 10563, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1913; re-en. Sec. 10563, R.C.M. 1935; R.C.M. 1947, 93-1001-25; amd. Sec. 558, Ch. 56, L. 2009.
MT Code § 26-3-204 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 3. Effect of Former Judgments and Orders|Part 2. Effect of Specific Kinds of Judicial Records|26-3-204. Effect of judicial record of foreign court of admiralty

  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.   History: En. Sec. 3202, C. Civ. Proc. 1895; re-en. Sec. 7920, Rev. C. 1907; re-en. Sec. 10564, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1914; re-en. Sec. 10564, R.C.M. 1935; R.C.M. 1947, 93-1001-26.
MT Code § 26-3-205 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 3. Effect of Former Judgments and Orders|Part 2. Effect of Specific Kinds of Judicial Records|26-3-205. Effect of judgments of other foreign tribunals

  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.   History: En. Sec. 3203, C. Civ. Proc. 1895; re-en. Sec. 7921, Rev. C. 1907; re-en. Sec. 10565, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1915; re-en. Sec. 10565, R.C.M. 1935; R.C.M. 1947, 93-1001-27.
MT Code § Rule 100 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 10. Montana Rules of Evidence|Part Article I. General Provisions|Rule 100. Short title

  Rule 100. Short title.   These rules may be known and cited as the Montana Rules of Evidence.
MT Code § Rule 101 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 10. Montana Rules of Evidence|Part Article I. General Provisions|Rule 101. Scope

  Rule 101. Scope.   (a) Proceedings generally. These rules govern all proceedings in all courts in the state of Montana with the exceptions stated in this rule.   (b) Rules of privilege. The rules with respect to privileges found in Article V apply at all stages of all actions, cases and proceedings.   (c) Rules inapplicable. The rules (other than those with respect to privileges) do not apply in the following situations:   (1) Preliminary questions of fact. The determination of questions of fact preliminary to admissibility of evidence when the issue is to be determined by the court under Rule 104(a).   (2) Grand jury. Proceedings before grand juries.   (3) Miscellaneous proceedings. Proceedings for extradition or rendition; preliminary examinations and proceedings on applications for leave to file informations in criminal cases; sentencing; dispositional hearings in youth court proceedings; granting or revoking probation or parole; issuance of warrants for arrest, criminal summonses and notices to appear, and search warrants; and proceedings with respect to release on bail or otherwise.   (4) Summary proceedings. Proceedings, other than motions for summary judgment, where the court is authorized by law to act summarily.   (5) Other miscellaneous proceedings. Ex parte matters; and proceedings, when authorized by law, which are uncontested or nonadversary.   History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.
MT Code § Rule 102 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 10. Montana Rules of Evidence|Part Article I. General Provisions|Rule 102. Purpose and construction

  Rule 102. Purpose and construction.   These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined.   History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.