reglab/statecodes huggingface dataset:
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 10. Affidavits › 26-1-1012. Affidavit of publication -- where filed, prima facie evidence

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.
History: En. Sec. 655, p. 209, L. 1877; re-en. Sec. 655, 1st Div. Rev. Stat. 1879; re-en. Sec. 676, 1st Div. Comp. Stat. 1887; re-en. Sec. 3332, C. Civ. Proc. 1895; re-en. Sec. 7994, Rev. C. 1907; re-en. Sec. 10638, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2011; re-en. Sec. 10638, R.C.M. 1935; R.C.M. 1947, 93-1701-3.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 10. Affidavits › 26-1-1013. Affidavit of business records

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.
History: En. Sec. 1, Ch. 410, L. 2023.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 11. Uniform Unsworn Foreign Declarations Act › 26-1-1101. Short title

26-1-1101. Short title.
This part may be cited as the "Uniform Unsworn Foreign Declarations Act".
History: En. Sec. 1, Ch. 352, L. 2011.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 11. Uniform Unsworn Foreign Declarations Act › 26-1-1102. Definitions

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.
History: En. Sec. 2, Ch. 352, L. 2011.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 11. Uniform Unsworn Foreign Declarations Act › 26-1-1103. Applicability

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.
History: En. Sec. 3, Ch. 352, L. 2011.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 11. Uniform Unsworn Foreign Declarations Act › 26-1-1104. Validity of unsworn declaration

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.
History: En. Sec. 4, Ch. 352, L. 2011.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 11. Uniform Unsworn Foreign Declarations Act › 26-1-1105. Required medium

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.
History: En. Sec. 5, Ch. 352, L. 2011.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 11. Uniform Unsworn Foreign Declarations Act › 26-1-1106. Form of unsworn declaration

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)
History: En. Sec. 6, Ch. 352, L. 2011.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 11. Uniform Unsworn Foreign Declarations Act › 26-1-1107. Uniformity of application and construction

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.
History: En. Sec. 7, Ch. 352, L. 2011.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 11. Uniform Unsworn Foreign Declarations Act › 26-1-1108. Relation to Electronic Signatures in Global and National Commerce Act

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).
History: En. Sec. 8, Ch. 352, L. 2011.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 2. Subpoenas and Witnesses › Part 1. Subpoenas › 26-2-101. Subpoena defined

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.
History: En. Sec. 380, p. 212, L. 1867; re-en. Sec. 454, p. 127, Cod. Stat. 1871; re-en. Sec. 633, p. 204, L. 1877; re-en. Sec. 633, 1st Div. Rev. Stat. 1879; re-en. Sec. 654, 1st Div. Comp. Stat. 1887; en. Sec. 3300, C. Civ. Proc. 1895; re-en. Sec. 7974, Rev. C. 1907; re-en. Sec. 10618, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1985; re-en. Sec. 10618, R.C.M. 1935; R.C.M. 1947, 93-1501-3; amd. Sec. 541, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 2. Subpoenas and Witnesses › Part 1. Subpoenas › 26-2-102. Issuance of subpoena

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.
History: En. Sec. 322, p. 111, Bannack Stat.; en. Sec. 381, p. 212, L. 1867; re-en. Sec. 455, p. 127, Cod. Stat. 1871; re-en. Sec. 634, p. 204, L. 1877; re-en. Sec. 634, 1st Div. Rev. Stat. 1879; re-en. Sec. 655, 1st Div. Comp. Stat. 1887; re-en. Sec. 3301, C. Civ. Proc. 1895; re-en. Sec. 7975, Rev. C. 1907; re-en. Sec. 10619, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1986; re-en. Sec. 10619, R.C.M. 1935; R.C.M. 1947, 93-1501-4; amd. Sec. 542, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 2. Subpoenas and Witnesses › Part 1. Subpoenas › 26-2-103. Service of subpoena on concealed witness

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.
History: En. Sec. 383, p. 212, L. 1867; re-en. Sec. 457, p. 127, Cod. Stat. 1871; re-en. Sec. 636, p. 205, L. 1877; re-en. Sec. 636, 1st Div. Rev. Stat. 1879; re-en. Sec. 657, 1st Div. Comp. Stat. 1887; re-en. Sec. 3303, C. Civ. Proc. 1895; re-en. Sec. 7977, Rev. C. 1907; re-en. Sec. 10621, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1988; re-en. Sec. 10621, R.C.M. 1935; R.C.M. 1947, 93-1501-6; amd. Sec. 543, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 2. Subpoenas and Witnesses › Part 1. Subpoenas › 26-2-104. Disobedience -- how punished

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.
History: En. Sec. 329, p. 112, Bannack Stat.; amd. Sec. 387, p. 213, L. 1867; re-en. Sec. 461, p. 128, Cod. Stat. 1871; re-en. Sec. 640, p. 206, L. 1877; re-en. Sec. 640, 1st Div. Rev. Stat. 1879; re-en. Sec. 661, 1st Div. Comp. Stat. 1887; re-en. Sec. 3306, C. Civ. Proc. 1895; re-en. Sec. 7980, Rev. C. 1907; re-en. Sec. 10624, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1991; re-en. Sec. 10624, R.C.M. 1935; R.C.M. 1947, 93-1501-9; amd. Sec. 17, Ch. 72, L. 1983; amd. Sec. 544, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 2. Subpoenas and Witnesses › Part 1. Subpoenas › 26-2-105. Disobedience -- civil damages

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.
History: En. Sec. 330, p. 112, Bannack Stat.; re-en. Sec. 388, p. 213, L. 1867; re-en. Sec. 462, p. 128, Cod. Stat. 1871; re-en. Sec. 641, p. 206, L. 1877; re-en. Sec. 641, 1st Div. Rev. Stat. 1879; re-en. Sec. 662, 1st Div. Comp. Stat. 1887; re-en. Sec. 3307, C. Civ. Proc. 1895; re-en. Sec. 7981, Rev. C. 1907; re-en. Sec. 10625, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1992; re-en. Sec. 10625, R.C.M. 1935; R.C.M. 1947, 93-1501-10; amd. Sec. 545, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 2. Subpoenas and Witnesses › Part 1. Subpoenas › 26-2-106. Warrant to arrest and bring in disobedient witness

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.
History: En. Sec. 331, p. 112, Bannack Stat.; amd. Sec. 389, p. 213, L. 1867; re-en. Sec. 463, p. 128, Cod. Stat. 1871; re-en. Sec. 642, p. 207, L. 1877; re-en. Sec. 642, 1st Div. Rev. Stat. 1879; re-en. Sec. 663, 1st Div. Comp. Stat. 1887; re-en. Sec. 3308, C. Civ. Proc. 1895; re-en. Sec. 7982, Rev. C. 1907; re-en. Sec. 10626, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1993; re-en. Sec. 10626, R.C.M. 1935; R.C.M. 1947, 93-1501-11; amd. Sec. 546, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 2. Subpoenas and Witnesses › Part 1. Subpoenas › 26-2-107. Contents of warrant -- execution

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.
History: En. Sec. 643, p. 207, L. 1877; re-en. Sec. 643, 1st Div. Rev. Stat. 1879; re-en. Sec. 664, 1st Div. Comp. Stat. 1887; re-en. Sec. 3309, C. Civ. Proc. 1895; re-en. Sec. 7983, Rev. C. 1907; re-en. Sec. 10627, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1994; re-en. Sec. 10627, R.C.M. 1935; R.C.M. 1947, 93-1501-12; amd. Sec. 547, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 2. Subpoenas and Witnesses › Part 1. Subpoenas › 26-2-111. Time during which subpoena is effective

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.
History: En. Sec. 1, Ch. 138, L. 1995.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 2. Subpoenas and Witnesses › Part 2. Securing Testimony of Witness Who Is a Prisoner › 26-2-201. Court order to obtain deposition or attendance of prisoner

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.
History: En. Sec. 332, p. 112, Bannack Stat.; re-en. Sec. 390, p. 213, L. 1867; re-en. Sec. 464, p. 128, Cod. Stat. 1871; re-en. Sec. 644, p. 207, L. 1877; re-en. Sec. 644, 1st Div. Rev. Stat. 1879; re-en. Sec. 665, 1st Div. Comp. Stat. 1887; amd. Sec. 3310, C. Civ. Proc. 1895; re-en. Sec. 7984, Rev. C. 1907; re-en. Sec. 10628, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1995; re-en. Sec. 10628, R.C.M. 1935; R.C.M. 1947, 93-1501-13; amd. Sec. 548, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 2. Subpoenas and Witnesses › Part 2. Securing Testimony of Witness Who Is a Prisoner › 26-2-202. Motion and affidavit required

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.
History: En. Sec. 333, p. 113, Bannack Stat.; re-en. Sec. 391, p. 213, L. 1867; re-en. Sec. 465, p. 128, Cod. Stat. 1871; re-en. Sec. 645, p. 207, L. 1877; re-en. Sec. 645, 1st Div. Rev. Stat. 1879; re-en. Sec. 666, 1st Div. Comp. Stat. 1887; re-en. Sec. 3311, C. Civ. Proc. 1895; re-en. Sec. 7985, Rev. C. 1907; re-en. Sec. 10629, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1996; re-en. Sec. 10629, R.C.M. 1935; R.C.M. 1947, 93-1501-14.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 2. Subpoenas and Witnesses › Part 2. Securing Testimony of Witness Who Is a Prisoner › 26-2-203. When production of witness may be required

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.
History: En. Sec. 334, p. 113, Bannack Stat.; re-en. Sec. 392, p. 213, L. 1867; re-en. Sec. 466, p. 129, Cod. Stat. 1871; re-en. Sec. 646, p. 207, L. 1877; re-en. Sec. 646, 1st Div. Rev. Stat. 1879; re-en. Sec. 667, 1st Div. Comp. Stat. 1887; re-en. Sec. 3312, C. Civ. Proc. 1895; re-en. Sec. 7986, Rev. C. 1907; re-en. Sec. 10630, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1997; re-en. Sec. 10630, R.C.M. 1935; R.C.M. 1947, 93-1501-15; amd. Sec. 549, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 2. Subpoenas and Witnesses › Part 3. Duties of Witnesses › 26-2-301. Witness required to attend when subpoenaed

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.
History: En. Sec. 327, p. 112, Bannack Stat.; re-en. Sec. 385, p. 213, L. 1867; re-en. Sec. 459, p. 128, Cod. Stat. 1871; re-en. Sec. 638, p. 206, L. 1877; re-en. Sec. 638, 1st Div. Rev. Stat. 1879; re-en. Sec. 659, 1st Div. Comp. Stat. 1887; amd. Sec. 3400, C. Civ. Proc. 1895; re-en. Sec. 8029, Rev. C. 1907; re-en. Sec. 10673, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2064; re-en. Sec. 10673, R.C.M. 1935; R.C.M. 1947, 93-2101-1; amd. Sec. 550, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 2. Subpoenas and Witnesses › Part 3. Duties of Witnesses › 26-2-302. Witness required to answer questions

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.
History: En. Sec. 328, p. 112, Bannack Stat.; re-en. Sec. 386, p. 213, L. 1867; re-en. Sec. 460, p. 128, Cod. Stat. 1871; re-en. Sec. 639, p. 206, L. 1877; re-en. Sec. 639, 1st Div. Rev. Stat. 1879; re-en. Sec. 660, 1st Div. Comp. Stat. 1887; amd. Sec. 3401, C. Civ. Proc. 1895; re-en. Sec. 8030, Rev. C. 1907; re-en. Sec. 10674, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2065; re-en. Sec. 10674, R.C.M 1935; R.C.M. 1947, 93-2101-2; amd. Sec. 18, Ch. 72, L. 1983; amd. Sec. 551, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 2. Subpoenas and Witnesses › Part 3. Duties of Witnesses › 26-2-303. Person present required to testify

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.
History: En. Sec. 326, p. 112, Bannack Stat.; re-en. Sec. 384, p. 212, L. 1867; re-en. Sec. 458, p. 128, Cod. Stat. 1871; re-en. Sec. 637, p. 206, L. 1877; re-en. Sec. 637, 1st Div. Rev. Stat. 1879; re-en. Sec. 658, 1st Div. Comp. Stat. 1887; re-en. Sec. 3305, C. Civ. Proc. 1895; re-en. Sec. 7979, Rev. C. 1907; re-en. Sec. 10623, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1990; re-en. Sec. 10623, R.C.M. 1935; R.C.M. 1947, 93-1501-8; amd. Sec. 552, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 2. Subpoenas and Witnesses › Part 4. Protection of Witnesses › 26-2-401. Right of witness to protection from harassment

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.
History: En. Sec. 3402, C. Civ. Proc. 1895; re-en. Sec. 8031, Rev. C. 1907; re-en. Sec. 10675, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2066; re-en. Sec. 10675, R.C.M. 1935; R.C.M. 1947, 93-2101-3.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 2. Subpoenas and Witnesses › Part 4. Protection of Witnesses › 26-2-402. Witness protected from arrest when attending, going, and returning

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.
History: En. Sec. 335, p. 113, Bannack Stat.; amd. Sec. 393, p. 213, L. 1867; re-en. Sec. 467, p. 129, Cod. Stat. 1871; re-en. Sec. 674, p. 215, L. 1877; re-en. Sec. 3403, C. Civ. Proc. 1895; re-en. Sec. 8032, Rev. C. 1907; re-en. Sec. 10676, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2067; re-en. Sec. 10676, R.C.M. 1935; R.C.M. 1947, 93-2101-4.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 2. Subpoenas and Witnesses › Part 4. Protection of Witnesses › 26-2-403. Arrest void -- punishment and liability

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.
History: En. Sec. 3404, C. Civ. Proc. 1895; re-en. Sec. 8033, Rev. C. 1907; re-en. Sec. 10677, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2068; re-en. Sec. 10677, R.C.M. 1935; R.C.M. 1947, 93-2101-5; amd. Sec. 553, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 2. Subpoenas and Witnesses › Part 4. Protection of Witnesses › 26-2-404. Affidavit of arrested witness -- exoneration of arresting officer

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.
History: En. Sec. 394, p. 214, L. 1867; re-en. Sec. 468, p. 129, Cod. Stat. 1871; rep. Sec. 674, p. 215, L. 1877; re-en. Sec. 3405, C. Civ. Proc. 1895; re-en. Sec. 8034, Rev. C. 1907; re-en. Sec. 10678, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2069; re-en. Sec. 10678, R.C.M. 1935; R.C.M. 1947, 93-2101-6; amd. Sec. 19, Ch. 72, L. 1983; amd. Sec. 554, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 2. Subpoenas and Witnesses › Part 4. Protection of Witnesses › 26-2-405. Discharge of witness from arrest by court or judge

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.
History: En. Sec. 3406, C. Civ. Proc. 1895; re-en. Sec. 8035, Rev. C. 1907; re-en. Sec. 10679, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2070; re-en. Sec. 10679, R.C.M. 1935; R.C.M. 1947, 93-2101-7.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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 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.
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; amd. Sec. 1, Ch. 664, L. 2023.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.