reglab/housing_qa huggingface dataset:
MT Code § 25-40-116 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 40. Alternative Dispute Resolution|Part 1. Uniform Collaborative Law Act|25-40-116. Privilege against disclosure for collaborative law communication -- admissibility -- discovery

  25-40-116. Privilege against disclosure for collaborative law communication -- admissibility -- discovery. (1) Subject to 25-40-117 and 25-40-118, a collaborative law communication is privileged under subsection (2) of this section, is not subject to discovery, and is not admissible in evidence.   (2) In a proceeding, the following privileges apply:   (a) A party may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication.   (b) A nonparty participant may refuse to disclose, and may prevent any other person from disclosing, a collaborative law communication of the nonparty participant.   (3) Evidence or information that is otherwise admissible or subject to discovery does not become inadmissible or protected from discovery solely because of its disclosure or use in a collaborative law process.   History: En. Sec. 16, Ch. 200, L. 2015.
MT Code § 25-40-117 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 40. Alternative Dispute Resolution|Part 1. Uniform Collaborative Law Act|25-40-117. Waiver and preclusion of privilege

  25-40-117. Waiver and preclusion of privilege. (1) A privilege under 25-40-116 may be waived in a record or orally during a proceeding if it is expressly waived by all parties and, in the case of the privilege of a nonparty participant, it is also expressly waived by the nonparty participant.   (2) A person that makes a disclosure or representation about a collaborative law communication that prejudices another person in a proceeding may not assert a privilege under 25-40-116, but this preclusion applies only to the extent necessary for the person prejudiced to respond to the disclosure or representation.   History: En. Sec. 17, Ch. 200, L. 2015.
MT Code § 25-40-118 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 40. Alternative Dispute Resolution|Part 1. Uniform Collaborative Law Act|25-40-118. Limits of privilege

  25-40-118. Limits of privilege. (1) There is no privilege under 25-40-116 for a collaborative law communication that is:   (a) available to the public or made during a session of a collaborative law process that is open or is required by law to be open to the public;   (b) a threat or statement of a plan to inflict bodily injury or commit a crime of violence;   (c) intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; or   (d) in an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.   (2) The privileges under 25-40-116 for a collaborative law communication do not apply to the extent that a communication is:   (a) sought or offered to prove or disprove a claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process; or   (b) sought or offered to prove or disprove abuse, neglect, abandonment, or exploitation of a child or adult unless the department of public health and human services is a party to or otherwise participates in the process.   (3) There is no privilege under 25-40-116 if a tribunal finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown the evidence is not otherwise available, the need for the evidence substantially outweighs the interest of protecting confidentiality, and the collaborative law communication is sought or offered in:   (a) a court proceeding involving a felony or misdemeanor; or   (b) a proceeding seeking rescission or reformation of a contract arising out of the collaborative law process or in which a defense to avoid liability on the contract is asserted.   (4) If a collaborative law communication is subject to an exception under subsection (2) or (3), only the part of the communication necessary for the application of the exception may be disclosed or admitted.   (5) Disclosure or admission of evidence excepted from the privilege under subsection (2) or (3) does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.   (6) The privileges under 25-40-116 do not apply if the parties agree in advance in a signed record, or if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative law process is not privileged. This subsection does not apply to a collaborative law communication made by a person that did not receive actual notice of the agreement before the communication was made.   History: En. Sec. 18, Ch. 200, L. 2015.
MT Code § 25-40-119 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 40. Alternative Dispute Resolution|Part 1. Uniform Collaborative Law Act|25-40-119. Authority of tribunal in case of noncompliance

  25-40-119. Authority of tribunal in case of noncompliance. (1) If an agreement fails to meet the requirements of 25-40-103 or a lawyer fails to comply with 25-40-114 or 25-40-115, a tribunal may still find that the parties intended to enter into a collaborative law participation agreement if they:   (a) signed a record indicating an intention to enter into a collaborative law participation agreement; and   (b) reasonably believed they were participating in a collaborative law process.   (2) If a tribunal makes the findings specified in subsection (1) and the interests of justice require, the tribunal may:   (a) enforce an agreement evidenced by a record resulting from the process in which the parties participated;   (b) apply the disqualification provisions of 25-40-104, 25-40-105, 25-40-108, 25-40-109, and 25-40-110; and   (c) apply a privilege under 25-40-116.   History: En. Sec. 19, Ch. 200, L. 2015.
MT Code § 25-40-120 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 40. Alternative Dispute Resolution|Part 1. Uniform Collaborative Law Act|25-40-120. Uniformity of application and construction

  25-40-120. Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.   History: En. Sec. 20, Ch. 200, L. 2015.
MT Code § 25-40-121 (2021)
2021 Montana Code Annotated|Title 25. Civil Procedure|Chapter 40. Alternative Dispute Resolution|Part 1. Uniform Collaborative Law Act|25-40-121. Relation to Electronic Signatures in Global and National Commerce Act

  25-40-121. 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).   History: En. Sec. 21, Ch. 200, L. 2015.
MT Code § 26-1-101 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 1. Statutory Provisions on Evidence|Part 1. Definitions and Miscellaneous Provisions|26-1-101. General definitions

  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.   History: (1)En. Sec. 3373, C. Civ. Proc. 1895; re-en. Sec. 8018, Rev. C. 1907; re-en. Sec. 10662, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2045; re-en. Sec. 10662, R.C.M. 1935; Sec. 93-1901-4, R.C.M. 1947; (2)En. Sec. 3100, C. Civ. Proc. 1895; re-en. Sec. 7844, Rev. C. 1907; re-en. Sec. 10488, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1823; re-en. Sec. 10488, R.C.M. 1935; Sec. 93-301-1, R.C.M. 1947; (3)En. Sec. 3374, C. Civ. Proc. 1895; re-en. Sec. 8019, Rev. C. 1907; re-en. Sec. 10663, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2046; re-en. Sec. 10663, R.C.M. 1935; Sec. 93-1901-5, R.C.M. 1947; (4)En. Sec. 3101, C. Civ. Proc. 1895; re-en. Sec. 7845, Rev. C. 1907; re-en. Sec. 10489, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1824; re-en. Sec. 10489, R.C.M. 1935; Sec. 93-301-2, R.C.M. 1947; (5)En. Sec. 3160, C. Civ. Proc. 1895; re-en. Sec. 7889, Rev. C. 1907; re-en. Sec. 10533, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1878; re-en. Sec. 10533, R.C.M. 1935; Sec. 93-701-1, R.C.M. 1947; R.C.M. 1947, 93-301-1, 93-301-2, 93-701-1, 93-1901-4, 93-1901-5; amd. Sec. 1, Ch. 72, L. 1983.
MT Code § 26-1-102 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 1. Statutory Provisions on Evidence|Part 1. Definitions and Miscellaneous Provisions|26-1-102. Definitions -- kinds of evidence

  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.   History: (1)(a)En. Sec. 3114, C. Civ. Proc. 1895; re-en. Sec. 7858, Rev. C. 1907; re-en. Sec. 10502, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1837; re-en. Sec. 10502, R.C.M. 1935; Sec. 93-301-15, R.C.M. 1947; (1)(b)En. Sec. 3280, C. Civ. Proc. 1895; re-en. Sec. 7971, Rev. C. 1907; re-en. Sec. 10615, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1978; re-en. Sec. 10615, R.C.M. 1935; Sec. 93-1401-9, R.C.M. 1947; (2)En. Sec. 3115, C. Civ. Proc. 1895; re-en. Sec. 7859, Rev. C. 1907; re-en. Sec. 10503, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1838; re-en. Sec. 10503, R.C.M. 1935; Sec. 93-301-16, R.C.M. 1947; (3)En. Sec. 3108, C. Civ. Proc. 1895; re-en. Sec. 7852, Rev. C. 1907; re-en. Sec. 10496, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1831; re-en. Sec. 10496, R.C.M. 1935; Sec. 93-301-9, R.C.M. 1947; (4)(a)En. Sec. 3109, C. Civ. Proc. 1895; re-en. Sec. 7853, Rev. C. 1907; re-en. Sec. 10497, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1832; re-en. Sec. 10497, R.C.M. 1935; Sec. 93-301-10, R.C.M. 1947; (4)(b)En. Sec. 3260, C. Civ. Proc. 1895; re-en. Sec. 7956, Rev. C. 1907; re-en. Sec. 10600, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1957; re-en. Sec. 10600, R.C.M. 1935; Sec. 93-1301-1, R.C.M. 1947; (5)En. Sec. 3110, C. Civ. Proc. 1895; re-en. Sec. 7854, Rev. C. 1907; re-en. Sec. 10498, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1833; re-en. Sec. 10498, R.C.M. 1935; Sec. 93-301-11, R.C.M. 1947; R.C.M. 1947, 93-301-9, 93-301-10, 93-301-11, 93-301-15, 93-301-16, 93-1301-1, 93-1401-9; amd. Sec. 2, Ch. 72, L. 1983.
MT Code § 26-1-103 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 1. Statutory Provisions on Evidence|Part 1. Definitions and Miscellaneous Provisions|26-1-103. Declaration, act, or omission which is a part of the transaction

  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.   History: En. Sec. 604, p. 196, L. 1877; re-en. Sec. 604, 1st Div. Rev. Stat. 1879; re-en. Sec. 622, 1st Div. Comp. Stat. 1887; re-en. Sec. 3126, C. Civ. Proc. 1895; re-en. Sec. 7867, Rev. C. 1907; re-en. Sec. 10511, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1850; re-en. Sec. 10511, R.C.M. 1935; R.C.M. 1947, 93-401-7.
MT Code § 26-1-104 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 1. Statutory Provisions on Evidence|Part 1. Definitions and Miscellaneous Provisions|26-1-104. Evidence of third person's obligation

  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.   History: En. Sec. 605, p. 197, L. 1877; re-en. Sec. 605, 1st Div. Rev. Stat. 1879; re-en. Sec. 623, 1st Div. Comp. Stat. 1887; re-en. Sec. 3127, C. Civ. Proc. 1895; re-en. Sec. 7868, Rev. C. 1907; re-en. Sec. 10512, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1851; re-en. Sec. 10512, R.C.M. 1935; R.C.M. 1947, 93-401-8.
MT Code § 26-1-105 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 1. Statutory Provisions on Evidence|Part 1. Definitions and Miscellaneous Provisions|26-1-105. Superseded

  26-1-105. Superseded. Sup. Ct. Ord. No. 12729, July 10, 1979.   History: En. Sec. 624, p. 201, L. 1877; re-en. Sec. 624, 1st Div. Rev. Stat. 1879; re-en. Sec. 642, 1st Div. Comp. Stat. 1887; re-en. Sec. 3146, C. Civ. Proc. 1895; re-en. Sec. 7887, Rev. C. 1907; re-en. Sec. 10531, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1870; re-en. Sec. 10531, R.C.M. 1935; R.C.M. 1947, 93-401-27(part)(10).
MT Code § 26-1-106 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 1. Statutory Provisions on Evidence|Part 1. Definitions and Miscellaneous Provisions|26-1-106. Explanation of alterations in a writing

  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.   History: En. Sec. 365, p. 119, Bannack Stat.; re-en. Sec. 423, p. 221, L. 1867; re-en. Sec. 497, p. 136, Cod. Stat. 1871; rep. Sec. 674, p. 215, L. 1877; re-en. Sec. 12, p. 12, L. 1881; re-en. Sec. 644, 1st Div. Comp. Stat. 1887; amd. Sec. 3291, C. Civ. Proc. 1895; re-en. Sec. 7973, Rev. C. 1907; re-en. Sec. 10617, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1982; re-en. Sec. 10617, R.C.M. 1935; R.C.M. 1947, 93-1501-2; amd. Sec. 521, Ch. 56, L. 2009.
MT Code § 26-1-107 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 1. Statutory Provisions on Evidence|Part 1. Definitions and Miscellaneous Provisions|26-1-107. Repealed

  26-1-107. Repealed. Sec. 20, Ch. 72, L. 1983.   History: En. Sec. 3233, C. Civ. Proc. 1895; re-en. Sec. 7946, Rev. C. 1907; re-en. Sec. 10590, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1942; re-en. Sec. 10590, R.C.M. 1935; R.C.M. 1947, 93-1101-13.
MT Code § 26-1-108 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 1. Statutory Provisions on Evidence|Part 1. Definitions and Miscellaneous Provisions|26-1-108. Repealed

  26-1-108. Repealed. Sec. 20, Ch. 72, L. 1983.   History: En. Sec. 3236, C. Civ. Proc. 1895; re-en. Sec. 7949, Rev. C. 1907; re-en. Sec. 10593, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1945; re-en. Sec. 10593, R.C.M. 1935; R.C.M. 1947, 93-1101-16.
MT Code § 26-1-201 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 1. Statutory Provisions on Evidence|Part 2. Province of Court and Jury|26-1-201. Questions of law

  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.   History: En. Sec. 3441, C. Civ. Proc. 1895; re-en. Sec. 8055, Rev. C. 1907; re-en. Sec. 10699, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2102; re-en. Sec. 10699, R.C.M. 1935; R.C.M. 1947, 93-2501-2; amd. Sec. 3, Ch. 72, L. 1983.
MT Code § 26-1-202 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 1. Statutory Provisions on Evidence|Part 2. Province of Court and Jury|26-1-202. Questions of fact

  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.   History: En. Sec. 3440, C. Civ. Proc. 1895; re-en. Sec. 8054, Rev. C. 1907; re-en. Sec. 10698, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2101; re-en. Sec. 10698, R.C.M. 1935; R.C.M. 1947, 93-2501-1; amd. Sec. 4, Ch. 72, L. 1983.
MT Code § 26-1-203 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 1. Statutory Provisions on Evidence|Part 2. Province of Court and Jury|26-1-203. Who to judge effect and value of evidence

  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.   History: En. Sec. 3390, C. Civ. Proc. 1895; re-en. Sec. 8028, Rev. C. 1907; re-en. Sec. 10672, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2061; re-en. Sec. 10672, R.C.M. 1935; R.C.M. 1947, 93-2001-1(part); amd. Sec. 5, Ch. 72, L. 1983.
MT Code § 26-1-301 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 1. Statutory Provisions on Evidence|Part 3. Weight and Effect of Evidence|26-1-301. One witness sufficient to prove a fact

  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.   History: En. Sec. 598, p. 195, L. 1877; re-en. Sec. 598, 1st Div. Rev. Stat. 1879; re-en. Sec. 616, 1st Div. Comp. Stat. 1887; re-en. Sec. 3120, C. Civ. Proc. 1895; re-en. Sec. 7861, Rev. C. 1907; re-en. Sec. 10505, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1844; re-en. Sec. 10505, R.C.M. 1935; R.C.M. 1947, 93-401-1.
MT Code § 26-1-302 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 1. Statutory Provisions on Evidence|Part 3. Weight and Effect of Evidence|26-1-302. Witness presumed to speak the truth -- how presumption rebutted

  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.   History: En. Sec. 601, p. 195, L. 1877; re-en. Sec. 601, 1st Div. Rev. Stat. 1879; re-en. Sec. 619, 1st Div. Comp. Stat. 1887; re-en. Sec. 3123, C. Civ. Proc. 1895; re-en. Sec. 7864, Rev. C. 1907; re-en. Sec. 10508, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1847; re-en. Sec. 10508, R.C.M. 1935; R.C.M. 1947, 93-401-4; amd. Sec. 6, Ch. 72, L. 1983; amd. Sec. 522, Ch. 56, L. 2009.
MT Code § 26-1-303 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 1. Statutory Provisions on Evidence|Part 3. Weight and Effect of Evidence|26-1-303. Instructions to jury on how to evaluate evidence

  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.   History: En. Sec. 3390, C. Civ. Proc. 1895; re-en. Sec. 8028, Rev. C. 1907; re-en. Sec. 10672, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2061; re-en. Sec. 10672, R.C.M. 1935; R.C.M. 1947, 93-2001-1(part)(1) thru (4), (6), (7); amd. Sec. 7, Ch. 72, L. 1983; amd. Sec. 523, Ch. 56, L. 2009.
MT Code § 26-1-401 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 1. Statutory Provisions on Evidence|Part 4. Burdens of Proof|26-1-401. Who has burden of producing evidence

  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.   History: En. Sec. 3290, C. Civ. Proc. 1895; re-en. Sec. 7972, Rev. C. 1907; re-en. Sec. 10616, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1981; re-en. Sec. 10616, R.C.M. 1935; R.C.M. 1947, 93-1501-1; amd. Sec. 8, Ch. 72, L. 1983; amd. Sec. 524, Ch. 56, L. 2009.
MT Code § 26-1-402 (2021)
2021 Montana Code Annotated|Title 26. Evidence|Chapter 1. Statutory Provisions on Evidence|Part 4. Burdens of Proof|26-1-402. Who has burden of persuasion

  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.   History: En. Sec. 623, p. 201, L. 1877; re-en. Sec. 623, 1st Div. Rev. Stat. 1879; re-en. Sec. 641, 1st Div. Comp. Stat. 1887; re-en. Sec. 3145, C. Civ. Proc. 1895; re-en. Sec. 7886, Rev. C. 1907; re-en. Sec. 10530, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1869; re-en. Sec. 10530, R.C.M. 1935; R.C.M. 1947, 93-401-26; amd. Sec. 9, Ch. 72, L. 1983; amd. Sec. 525, Ch. 56, L. 2009.