reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 4. Burdens of Proof › 26-1-403. Instructions to jury on standard of proof required to meet burden of persuasion

26-1-403. Instructions to jury on standard of proof required to meet burden of persuasion.
The jury is to be instructed by the court on all proper occasions:
(1) that in civil cases the affirmative of the issue must be proved, and when the evidence is contradictory, the decision must be made according to the preponderance of the evidence; and
(2) that in criminal cases guilt must be established beyond reasonable doubt.
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).
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 5. Inferences › 26-1-501. Inference defined

26-1-501. Inference defined.
An "inference" is a deduction which the trier of fact may make from the evidence.
History: En. Sec. 3261, C. Civ. Proc. 1895; re-en. Sec. 7957, Rev. C. 1907; re-en. Sec. 10601, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1958; re-en. Sec. 10601, R.C.M. 1935; R.C.M. 1947, 93-1301-2; amd. Sec. 10, Ch. 72, L. 1983.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 5. Inferences › 26-1-502. When an inference arises

26-1-502. When an inference arises.
An inference must be founded:
(1) on a fact legally proved; and
(2) on a deduction from that fact that is warranted by a consideration of the usual propensities or passions of people, the particular propensities or passions of the person whose act is in question, the course of business, or the course of nature.
History: En. Sec. 3263, C. Civ. Proc. 1895; re-en. Sec. 7959, Rev. C. 1907; re-en. Sec. 10603, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1960; re-en. Sec. 10603, R.C.M. 1935; R.C.M. 1947, 93-1301-4; amd. Sec. 526, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 6. Presumptions › 26-1-601. List of conclusive presumptions

26-1-601. List of conclusive presumptions.
The following presumptions are conclusive:
(1) the truth of a declaration, act, or omission of a party, as against that party in any litigation arising out of the declaration, act, or omission, whenever the party has, by the declaration, act, or omission, intentionally led another to believe a particular thing true and to act upon that belief;
(2) that a tenant is not permitted to deny the title of the landlord at the time of the commencement of the relation;
(3) the judgment or order of a court, which is declared by statute to be conclusive;
(4) any other presumption that, by statute, is expressly made conclusive.
History: En. Sec. 3265, C. Civ. Proc. 1895; re-en. Sec. 7961, Rev. C. 1907; re-en. Sec. 10605, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1962; re-en. Sec. 10605, R.C.M. 1935; R.C.M. 1947, 93-1301-6; amd. Sec. 11, Ch. 72, L. 1983; amd. Sec. 527, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 6. Presumptions › 26-1-603. Books containing laws presumed correct

26-1-603. Books containing laws presumed correct.
Books printed or published under the authority of a sister state or foreign country and purporting to contain the statutes, code, or other written law of such state or country or proved to be commonly admitted in the tribunals of such state or country as evidence of the written law thereof are admissible in this state as evidence of such law.
History: En. Sec. 370, p. 120, Bannack Stat.; re-en. Sec. 428, p. 221, L. 1867; re-en. Sec. 502, p. 137, Cod. Stat. 1871; rep. Sec. 674, p. 215, L. 1877; re-en. Sec. 12, p. 12, L. 1881; re-en. Sec. 646, 1st Div. Comp. Stat. 1887; en. Sec. 3188, C. Civ. Proc. 1895; re-en. Sec. 7906, Rev. C. 1907; re-en. Sec. 10550, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1900; re-en. Sec. 10550, R.C.M. 1935; R.C.M. 1947, 93-1001-12.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 6. Presumptions › 26-1-604. When recitals in statutes conclusive

26-1-604. When recitals in statutes conclusive.
The recitals in a public statute are conclusive evidence of the facts recited for the purpose of carrying it into effect, but no further. The recitals in a private statute are conclusive evidence between parties who claim under its provisions, but no further.
History: En. Sec. 3191, C. Civ. Proc. 1895; re-en. Sec. 7909, Rev. C. 1907; re-en. Sec. 10553, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1903; re-en. Sec. 10553, R.C.M. 1935; R.C.M. 1947, 93-1001-15.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 6. Presumptions › 26-1-605. Entries in official books and records prima facie evidence

26-1-605. Entries in official books and records prima facie evidence.
Entries in public or other official books or records made in the performance of the officer's duty by a public officer of this state or any other person in the performance of a duty specially enjoined by law are prima facie evidence of the facts stated in the book or record.
History: En. Sec. 3208, C. Civ. Proc. 1895; re-en. Sec. 7926, Rev. C. 1907; re-en. Sec. 10570, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1920; re-en. Sec. 10570, R.C.M. 1935; R.C.M. 1947, 93-1001-32; amd. Sec. 528, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 6. Presumptions › 26-1-606. Entry made by officer or board prima facie evidence

26-1-606. Entry made by officer or board prima facie evidence.
An entry made by an officer or board of officers or under the direction and in the presence of either, in the course of official duty, is prima facie evidence of the facts stated in such entry.
History: En. Sec. 3214, C. Civ. Proc. 1895; re-en. Sec. 7932, Rev. C. 1907; re-en. Sec. 10576, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1926; re-en. Sec. 10576, R.C.M. 1935; R.C.M. 1947, 93-1001-38.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 6. Presumptions › 26-1-607. When writings of a decedent prima facie evidence

26-1-607. When writings of a decedent prima facie evidence.
The entries and other writings of a decedent, made at or near the time of the transaction and when the decedent was in a position to know the facts stated therein, are prima facie evidence of the facts stated therein, in the following cases:
(1) when the writing or entry was made against the interest of the person making it;
(2) when it was made in a professional capacity and in the ordinary course of professional conduct;
(3) when it was made in the performance of a duty specially enjoined by law.
History: En. Sec. 3237, C. Civ. Proc. 1895; re-en. Sec. 7950, Rev. C. 1907; re-en. Sec. 10594, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1946; re-en. Sec. 10594, R.C.M. 1935; R.C.M. 1947, 93-1101-17; amd. Sec. 13, Ch. 72, L. 1983.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 6. Presumptions › 26-1-608. Photographs of items allegedly taken or converted -- admissibility procedure

26-1-608. Photographs of items allegedly taken or converted -- admissibility procedure.
(1) In a prosecution for a violation of 45-6-301, photographs of the items alleged to have been taken or converted are competent evidence of the items and are admissible in a proceeding, hearing, or trial as if the items themselves were introduced as evidence so long as responding law enforcement personnel have designated a person to be responsible for properly photographing the items and preserving the photographic evidence.
(2) The designated person shall write a report in connection with photographing the items. The report must include a written description of the items alleged to have been taken or converted, the name of the owner from whom the items were allegedly taken or the store or establishment, as appropriate, where the alleged offense occurred, the name of the accused, the name of the arresting officer, the date the photographs were taken, and a statement by the photographer that the photographs accurately represent the items in question.
(3) Upon the filing of the photograph and the report written pursuant to subsection (2) with the law enforcement agency or court holding the items as evidence, the items must be returned to their owner or the proprietor or manager of the store or establishment.
History: En. Sec. 3, Ch. 739, L. 1991; amd. Sec. 1, Ch. 213, L. 2019.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 6. Presumptions › 26-1-621. Repealed

26-1-621. Repealed.
Sec. 20, Ch. 72, L. 1983.
History: En. Sec. 1, Ch. 14, L. 1947; R.C.M. 1947, 93-1001-39.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 6. Presumptions › 26-1-622. Official reports and records made pursuant to federal law prima facie evidence

26-1-622. Official reports and records made pursuant to federal law prima facie evidence.
An official written report or record, or duly certified copy thereof, that a person is dead or alive; missing; missing in action; interned in a neutral country; or beleaguered, besieged, or captured by an enemy, made by any officer or employee of the United States authorized by law of the United States to make same, shall be received in any court, office, or other place in this state as prima facie evidence that such person is dead or alive; missing; missing in action; interned in a neutral country; or beleaguered, besieged, or captured by an enemy, as the case may be.
History: En. Sec. 2, Ch. 14, L. 1947; R.C.M. 1947, 93-1001-40; amd. Sec. 14, Ch. 72, L. 1983.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 6. Presumptions › 26-1-623. Presumption of authenticity of finding, report, or record

26-1-623. Presumption of authenticity of finding, report, or record.
For the purposes of 26-1-622, any finding, report, or record or certified copy of a finding, report, or record purporting to have been signed by an officer or employee of the United States as described in that section is prima facie considered to have been signed and issued by the officer or employee pursuant to law, and the person signing the finding, report, or record is prima facie considered to have acted within the scope of the officer's or employee's authority. If a copy purports to have been certified by a person authorized by law to certify the finding, report, or record, the certified copy must be prima facie evidence of the person's authority to certify.
History: En. Sec. 3, Ch. 14, L. 1947; R.C.M. 1947, 93-1001-41; amd. Sec. 15, Ch. 72, L. 1983; amd. Sec. 529, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 6. Presumptions › 26-1-624. No presumption from tax status of property

26-1-624. No presumption from tax status of property.
In a dispute over the title to the bed of a river or stream, a presumption may not be made based upon whether the department of revenue considers the property to be taxable or nontaxable.
History: En. Sec. 3, Ch. 472, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 7. Voluntary Payment of Claims › 26-1-701. Legislative policy

26-1-701. Legislative policy.
The legislature declares that the health, welfare, and safety of the people of the state of Montana would be enhanced by the expeditious handling of liability claims. The legislature further declares that the handling of liability claims would be expedited if voluntary payment by or on behalf of one person to or on behalf of a person who has sustained injury to that person or damage to that person's property could not be construed as an admission of fault or liability as to any claim arising out of the occurrence that gave rise to the injury or damage.
History: En. Sec. 1, Ch. 222, L. 1973; R.C.M. 1947, 93-2201-7; amd. Sec. 530, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 7. Voluntary Payment of Claims › 26-1-702. Person defined

26-1-702. Person defined.
As used in this part, the word "person" includes any individual, partnership, joint venture, unincorporated association, private or municipal corporation, the state and its political subdivisions.
History: En. Sec. 2, Ch. 222, L. 1973; R.C.M. 1947, 93-2201-8.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 7. Voluntary Payment of Claims › 26-1-703. Voluntary partial payment of claim not an admission of fault or waiver

26-1-703. Voluntary partial payment of claim not an admission of fault or waiver.
No voluntary partial payment of a claim against any person based on alleged liability of that person for injury to person, including death, or damage to property arising out of any occurrence shall be construed as an admission of fault or liability or as a waiver or release of claim by the person to whom or in whose behalf such payment was made. No voluntary partial payment shall be construed to reduce the amount of damages which may be pleaded or proved in any action arising out of such occurrence.
History: En. Sec. 3, Ch. 222, L. 1973; R.C.M. 1947, 93-2201-9(part).
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 7. Voluntary Payment of Claims › 26-1-704. Fact of payment and amount inadmissible as evidence

26-1-704. Fact of payment and amount inadmissible as evidence.
The fact of any such voluntary payment or its amount shall not be admissible as evidence on the trial of any action arising out of such occurrence, whether on the issue of liability, the extent of the damage, or otherwise.
History: En. Sec. 3, Ch. 222, L. 1973; R.C.M. 1947, 93-2201-9(part).
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 7. Voluntary Payment of Claims › 26-1-705. Effect of payment upon final settlement

26-1-705. Effect of payment upon final settlement.
Upon final settlement between the parties of a claim arising out of such occurrence, the parties may make any agreement they wish with respect to all voluntary partial payments.
History: En. Sec. 3, Ch. 222, L. 1973; R.C.M. 1947, 93-2201-9(part).
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 7. Voluntary Payment of Claims › 26-1-706. Effect of payment on judgment

26-1-706. Effect of payment on judgment.
After entry of a judgment in an action for damages for personal injuries, including death, or for damage to property arising out of any occurrence, any voluntary partial payment theretofore made shall be treated as a credit against such judgment and shall be deductible from the amount of such judgment. If after partial voluntary payments are made as herein provided for, it shall be determined by a court of competent jurisdiction that the person who made such payments or on whose behalf such payments were made is liable for an amount which is less than the amount of the voluntary payments already made, such person shall have no right of action for the recovery of the amount by which the voluntary payments exceeded the amount of the judgment.
History: En. Sec. 3, Ch. 222, L. 1973; R.C.M. 1947, 93-2201-9(part).
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 8. Privileges › 26-1-801. Policy to protect confidentiality in certain relations

26-1-801. Policy to protect confidentiality in certain relations.
There are particular relations in which it is the policy of the law to encourage confidence and to preserve it inviolate; therefore, a person cannot be examined as a witness in the cases enumerated in this part.
History: En. Secs. 373-377, pp. 210, 211, L. 1867; re-en. Secs. 447-451, p. 125, Cod. Stat. 1871; en. Secs. 629, 630, pp. 203, 204, L. 1877; re-en. Secs. 629, 630, 1st Div. Rev. Stat. 1879; re-en. Secs. 650, 651, 1st Div. Comp. Stat. 1887; re-en. Sec. 3163, C. Civ. Proc. 1895; re-en. Sec. 7892, Rev. C. 1907; re-en. Sec. 10536, R.C.M. 1921; amd. Sec. 1, Ch. 83, L. 1925; amd. Sec. 1, Ch. 130, L. 1931; re-en. Sec. 10536, R.C.M. 1935; amd. Sec. 1, Ch. 61, L. 1971; amd. Sec. 1, Ch. 318, L. 1973; amd. Sec. 15, Ch. 543, L. 1975; amd. Sec. 2, Ch. 225, L. 1977; R.C.M. 1947, 93-701-4(part).
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 8. Privileges › 26-1-802. Spousal privilege

26-1-802. Spousal privilege.
(1) A spouse may not, without the consent of the other spouse, testify during or after the marriage concerning any communication made by one to the other during their marriage.
(2) A judicial, legislative, administrative, or other governmental body may not request or require the disclosure of an electronic communication made by one spouse to the other during their marriage from a spouse or an electronic communication service used by the spouse.
(3) A spouse or an electronic communication service used by the spouse may not be adjudged in contempt by a judicial, legislative, administrative, or other body having the power to issue subpoenas for refusing to disclose or produce electronic communications made by one spouse to the other during their marriage.
(4) The privilege under subsections (1) through (3):
(a) is restricted to communications made during the existence of the marriage relationship and does not extend to communications made prior to the marriage or to communications made after the marriage is dissolved; and
(b) does not apply to a civil action or proceeding by one spouse against the other or to a criminal action or proceeding for a crime committed by one spouse against the other or against a child of either spouse.
(5) For the purposes of this section, "electronic communication" and "electronic communication service" have the meanings provided in 46-5-601. The terms do not include communications transmitted by the statewide telecommunications network provided for in 2-17-506.
History: En. Secs. 373-377, pp. 210, 211, L. 1867; re-en. Secs. 447-451, p. 125, Cod. Stat. 1871; en. Secs. 629, 630, pp. 203, 204, L. 1877; re-en. Secs. 629, 630, 1st Div. Rev. Stat. 1879; re-en. Secs. 650, 651, 1st Div. Comp. Stat. 1887; re-en. Sec. 3163, C. Civ. Proc. 1895; re-en. Sec. 7892, Rev. C. 1907; re-en. Sec. 10536, R.C.M. 1921; amd. Sec. 1, Ch. 83, L. 1925; amd. Sec. 1, Ch. 130, L. 1931; re-en. Sec. 10536, R.C.M. 1935; amd. Sec. 1, Ch. 61, L. 1971; amd. Sec. 1, Ch. 318, L. 1973; amd. Sec. 15, Ch. 543, L. 1975; amd. Sec. 2, Ch. 225, L. 1977; R.C.M. 1947, 93-701-4(1); amd. Sec. 1, Ch. 158, L. 2005; amd. Sec. 1, Ch. 446, L. 2023.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 8. Privileges › 26-1-803. Attorney-client privilege

26-1-803. Attorney-client privilege.
(1) An attorney cannot, without the consent of the client, be examined as to any communication made by the client to the attorney or the advice given to the client in the course of professional employment.
(2) A client cannot, except voluntarily, be examined as to any communication made by the client to the client's attorney or the advice given to the client by the attorney in the course of the attorney's professional employment.
History: En. Secs. 373-377, pp. 210, 211, L. 1867; re-en. Secs. 447-451, p. 125, Cod. Stat. 1871; en. Secs. 629, 630, pp. 203, 204, L. 1877; re-en. Secs. 629, 630, 1st Div. Rev. Stat. 1879; re-en. Secs. 650, 651, 1st Div. Comp. Stat. 1887; re-en. Sec. 3163, C. Civ. Proc. 1895; re-en. Sec. 7892, Rev. C. 1907; re-en. Sec. 10536, R.C.M. 1921; amd. Sec. 1, Ch. 83, L. 1925; amd. Sec. 1, Ch. 130, L. 1931; re-en. Sec. 10536, R.C.M. 1935; amd. Sec. 1, Ch. 61, L. 1971; amd. Sec. 1, Ch. 318, L. 1973; amd. Sec. 15, Ch. 543, L. 1975; amd. Sec. 2, Ch. 225, L. 1977; R.C.M. 1947, 93-701-4(2); amd. Sec. 1, Ch. 276, L. 1989; amd. Sec. 531, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 8. Privileges › 26-1-804. Confessions made to member of clergy

26-1-804. Confessions made to member of clergy.
A member of the clergy or priest may not, without the consent of the person making the confession, be examined as to any confession made to the individual in the individual's professional character in the course of discipline enjoined by the church to which the individual belongs.
History: En. Secs. 373-377, pp. 210, 211, L. 1867; re-en. Secs. 447-451, p. 125, Cod. Stat. 1871; en. Secs. 629, 630, pp. 203, 204, L. 1877; re-en. Secs. 629, 630, 1st Div. Rev. Stat. 1879; re-en. Secs. 650, 651, 1st Div. Comp. Stat. 1887; re-en. Sec. 3163, C. Civ. Proc. 1895; re-en. Sec. 7892, Rev. C. 1907; re-en. Sec. 10536, R.C.M. 1921; amd. Sec. 1, Ch. 83, L. 1925; amd. Sec. 1, Ch. 130, L. 1931; re-en. Sec. 10536, R.C.M. 1935; amd. Sec. 1, Ch. 61, L. 1971; amd. Sec. 1, Ch. 318, L. 1973; amd. Sec. 15, Ch. 543, L. 1975; amd. Sec. 2, Ch. 225, L. 1977; R.C.M. 1947, 93-701-4(3); amd. Sec. 532, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 8. Privileges › 26-1-805. Doctor-patient privilege

26-1-805. Doctor-patient privilege.
Except as provided in Rule 35, Montana Rules of Civil Procedure, a licensed physician, surgeon, or dentist may not, without the consent of the patient, be examined in a civil action as to any information acquired in attending the patient that was necessary to enable the physician, surgeon, or dentist to prescribe or act for the patient. A communication described in 45-9-104(7) is not a privileged communication.
History: En. Secs. 373-377, pp. 210, 211, L. 1867; re-en. Secs. 447-451, p. 125, Cod. Stat. 1871; en. Secs. 629, 630, pp. 203, 204, L. 1877; re-en. Secs. 629, 630, 1st Div. Rev. Stat. 1879; re-en. Secs. 650, 651, 1st Div. Comp. Stat. 1887; re-en. Sec. 3163, C. Civ. Proc. 1895; re-en. Sec. 7892, Rev. C. 1907; re-en. Sec. 10536, R.C.M. 1921; amd. Sec. 1, Ch. 83, L. 1925; amd. Sec. 1, Ch. 130, L. 1931; re-en. Sec. 10536, R.C.M. 1935; amd. Sec. 1, Ch. 61, L. 1971; amd. Sec. 1, Ch. 318, L. 1973; amd. Sec. 15, Ch. 543, L. 1975; amd. Sec. 2, Ch. 225, L. 1977; R.C.M. 1947, 93-701-4(4); amd. Sec. 16, Ch. 72, L. 1983; amd. Sec. 1, Ch. 400, L. 1987; amd. Sec. 533, Ch. 56, L. 2009; amd. Sec. 1, Ch. 194, L. 2011.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 8. Privileges › 26-1-806. Speech-language pathologist, audiologist-client privilege

26-1-806. Speech-language pathologist, audiologist-client privilege.
A speech-language pathologist or audiologist may not, without the consent of the client, be examined in a civil action as to any communication made by the client to the pathologist or audiologist.
History: En. Secs. 373-377, pp. 210, 211, L. 1867; re-en. Secs. 447-451, p. 125, Cod. Stat. 1871; en. Secs. 629, 630, pp. 203, 204, L. 1877; re-en. Secs. 629, 630, 1st Div. Rev. Stat. 1879; re-en. Secs. 650, 651, 1st Div. Comp. Stat. 1887; re-en. Sec. 3163, C. Civ. Proc. 1895; re-en. Sec. 7892, Rev. C. 1907; re-en. Sec. 10536, R.C.M. 1921; amd. Sec. 1, Ch. 83, L. 1925; amd. Sec. 1, Ch. 130, L. 1931; re-en. Sec. 10536, R.C.M. 1935; amd. Sec. 1, Ch. 61, L. 1971; amd. Sec. 1, Ch. 318, L. 1973; amd. Sec. 15, Ch. 543, L. 1975; amd. Sec. 2, Ch. 225, L. 1977; R.C.M. 1947, 93-701-4(8); amd. Sec. 6, Ch. 413, L. 1989; amd. Sec. 534, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 8. Privileges › 26-1-807. Mental health professional-client privilege

26-1-807. Mental health professional-client privilege.
The confidential relations and communications between a psychologist, psychiatrist, licensed professional counselor, or licensed clinical social worker and a client must be placed on the same basis as provided by law for those between an attorney and a client. Nothing in any act of the legislature may be construed to require the privileged communications to be disclosed.
History: En. Sec. 12, Ch. 73, L. 1971; R.C.M. 1947, 66-3212; amd. Sec. 535, Ch. 56, L. 2009; amd. Sec. 1, Ch. 183, L. 2015.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 8. Privileges › 26-1-808. Information gathered by psychology teachers and observers

26-1-808. Information gathered by psychology teachers and observers.
Any person who is engaged in teaching psychology in any school or who, acting as such, is engaged in the study and observation of child mentality shall not, without the consent of the parent or guardian of such child being so taught or observed, testify in any civil action as to any information so obtained.
History: En. Secs. 373-377, pp. 210, 211, L. 1867; re-en. Secs. 447-451, p. 125, Cod. Stat. 1871; en. Secs. 629, 630, pp. 203, 204, L. 1877; re-en. Secs. 629, 630, 1st Div. Rev. Stat. 1879; re-en. Secs. 650, 651, 1st Div. Comp. Stat. 1887; re-en. Sec. 3163, C. Civ. Proc. 1895; re-en. Sec. 7892, Rev. C. 1907; re-en. Sec. 10536, R.C.M. 1921; amd. Sec. 1, Ch. 83, L. 1925; amd. Sec. 1, Ch. 130, L. 1931; re-en. Sec. 10536, R.C.M. 1935; amd. Sec. 1, Ch. 61, L. 1971; amd. Sec. 1, Ch. 318, L. 1973; amd. Sec. 15, Ch. 543, L. 1975; amd. Sec. 2, Ch. 225, L. 1977; R.C.M. 1947, 93-701-4(6).
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 8. Privileges › 26-1-809. Confidential communications by student to employee of educational institution

26-1-809. Confidential communications by student to employee of educational institution.
A counselor, psychologist, nurse, or teacher employed by an educational institution may not be examined as to communications made to the individual in confidence by a registered student of the institution. However, this provision does not apply when consent has been given by the student, if not a minor, or, if the student is a minor, by the student and the student's parent or legal guardian.
History: En. Secs. 373-377, pp. 210, 211, L. 1867; re-en. Secs. 447-451, p. 125, Cod. Stat. 1871; en. Secs. 629, 630, pp. 203, 204, L. 1877; re-en. Secs. 629, 630, 1st Div. Rev. Stat. 1879; re-en. Secs. 650, 651, 1st Div. Comp. Stat. 1887; re-en. Sec. 3163, C. Civ. Proc. 1895; re-en. Sec. 7892, Rev. C. 1907; re-en. Sec. 10536, R.C.M. 1921; amd. Sec. 1, Ch. 83, L. 1925; amd. Sec. 1, Ch. 130, L. 1931; re-en. Sec. 10536, R.C.M. 1935; amd. Sec. 1, Ch. 61, L. 1971; amd. Sec. 1, Ch. 318, L. 1973; amd. Sec. 15, Ch. 543, L. 1975; amd. Sec. 2, Ch. 225, L. 1977; R.C.M. 1947, 93-701-4(7); amd. Sec. 536, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 8. Privileges › 26-1-810. Confidential communications made to public officer

26-1-810. Confidential communications made to public officer.
A public officer may not be examined as to communications made to the officer in official confidence when the public interests would suffer by the disclosure.
History: En. Secs. 373-377, pp. 210, 211, L. 1867; re-en. Secs. 447-451, p. 125, Cod. Stat. 1871; en. Secs. 629, 630, pp. 203, 204, L. 1877; re-en. Secs. 629, 630, 1st Div. Rev. Stat. 1879; re-en. Secs. 650, 651, 1st Div. Comp. Stat. 1887; re-en. Sec. 3163, C. Civ. Proc. 1895; re-en. Sec. 7892, Rev. C. 1907; re-en. Sec. 10536, R.C.M. 1921; amd. Sec. 1, Ch. 83, L. 1925; amd. Sec. 1, Ch. 130, L. 1931; re-en. Sec. 10536, R.C.M. 1935; amd. Sec. 1, Ch. 61, L. 1971; amd. Sec. 1, Ch. 318, L. 1973; amd. Sec. 15, Ch. 543, L. 1975; amd. Sec. 2, Ch. 225, L. 1977; R.C.M. 1947, 93-701-4(5); amd. Sec. 537, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 8. Privileges › 26-1-812. Advocate privilege

26-1-812. Advocate privilege.
(1) Unless a report is otherwise required by law, an advocate may not, without consent of the victim, be examined as to any communication made to the advocate by a victim and may not divulge records kept during the course of providing shelter, counseling, or crisis intervention services.
(2) This privilege belongs to the victim and may not be waived, except by express consent. The privilege continues even if the victim is unreachable. Consent may not be implied because the victim is a party to a divorce or custody proceeding. The privilege terminates upon the death of the victim.
(3) For purposes of this section, the following definitions apply:
(a) "Advocate" means an employee or volunteer of a domestic violence shelter, crisis line, or victim's services provider that provides services for victims of sexual assault, stalking, or any assault on a partner or family member.
(b) "Victim" means a person seeking assistance because of partner or family member assault, any sexual assault, or stalking, whether or not the victim seeks or receives services within the criminal justice system.
History: En. Sec. 8, Ch. 484, L. 1997.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 8. Privileges › 26-1-813. Mediation -- confidentiality -- privilege -- exceptions

26-1-813. Mediation -- confidentiality -- privilege -- exceptions.
(1) Mediation means a private, confidential, informal dispute resolution process in which an impartial and neutral third person, the mediator, assists disputing parties to resolve their differences. In the mediation process, decisionmaking authority remains with the parties and the mediator does not have authority to compel a resolution or to render a judgment on any issue. A mediator may encourage and assist the parties to reach their own mutually acceptable settlement by facilitating an exchange of information between the parties, helping to clarify issues and interests, ensuring that relevant information is brought forth, and assisting the parties to voluntarily resolve their dispute.
(2) Except upon written agreement of the parties and the mediator, mediation proceedings must be:
(a) confidential;
(b) held without a verbatim record; and
(c) held in private.
(3) A mediator's files and records, with the exception of signed, written agreements, are closed to all persons unless the parties and the mediator mutually agree otherwise. Except as provided in subsection (5), all mediation-related communications, verbal or written, between the parties or from the parties to the mediator and any information and evidence presented to the mediator during the proceedings are confidential. The mediator's report, if any, and the information or recommendations contained in it, with the exception of a signed, written agreement, are not admissible as evidence in any action subsequently brought in any court of law or before any administrative agency and are not subject to discovery or subpoena in any court or administrative proceeding unless all parties waive the rights to confidentiality and privilege.
(4) Except as provided in subsection (5), the parties to the mediation and a mediator are not subject to subpoena by any court or administrative agency and may not be examined in any action as to any communication made during the course of the mediation proceeding without the consent of the parties to the mediation and the mediator.
(5) The confidentiality and privilege provisions of this section do not apply to information revealed in a mediation if disclosure is:
(a) required by any statute;
(b) agreed to by the parties and the mediator in writing, whether prior to, during, or subsequent to the mediation; or
(c) necessary to establish a claim or defense on behalf of the mediator in a controversy between a party to the mediation and the mediator.
(6) Nothing in this section prohibits a mediator from conveying information from one party to another during the mediation, unless a party objects to disclosure.
History: En. Sec. 1, Ch. 481, L. 1999.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 8. Privileges › 26-1-814. Statement of apology, sympathy, or benevolence -- not admissible as evidence of admission of liability for medical malpractice

26-1-814. Statement of apology, sympathy, or benevolence -- not admissible as evidence of admission of liability for medical malpractice.
(1) A statement, affirmation, gesture, or conduct expressing apology, sympathy, commiseration, condolence, compassion, or a general sense of benevolence relating to the pain, suffering, or death of a person that is made to the person, the person's family, or a friend of the person or of the person's family is not admissible for any purpose in a civil action for medical malpractice.
(2) As used in this section, the following definitions apply:
(a) "Apology" means a communication that expresses regret.
(b) "Benevolence" means a communication that conveys a sense of compassion or commiseration emanating from humane impulses.
(c) "Communication" means a statement, writing, or gesture.
(d) "Family" means the spouse, parent, spouse's parent, grandparent, stepmother, stepfather, child, grandchild, sibling, half-sibling, or adopted children of a parent of an injured party.
History: En. Sec. 1, Ch. 42, L. 2005.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 9. Media Confidentiality Act › 26-1-901. Short title

26-1-901. Short title.
This part shall be known and may be cited as the "Media Confidentiality Act".
History: En. Sec. 1, Ch. 195, L. 1943; R.C.M. 1947, 93-601-1; amd. Sec. 1, Ch. 285, L. 1979.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 9. Media Confidentiality Act › 26-1-902. Extent of privilege -- definition

26-1-902. Extent of privilege -- definition.
(1) Without a person's consent, a person, including any newspaper, magazine, press association, news agency, news service, radio station, television station, or community antenna television service or any person connected with or employed by any of these for the purpose of gathering, writing, editing, or disseminating news, may not be examined as to or may not be required to disclose any information obtained or prepared or the source of that information in any legal proceeding if the information was gathered, received, or processed in the course of the person's employment or business.
(2) A person described in subsection (1) or an electronic communication service used by that person may not be adjudged in contempt by a judicial, legislative, administrative, or any other body having the power to issue subpoenas for refusing to disclose or produce the source of any information or for refusing to disclose any information obtained or prepared in gathering, receiving, or processing information in the course of the person's business.
(3) A judicial, legislative, administrative, or other governmental body may not request or require the disclosure of information otherwise protected under subsection (1) from an electronic communication service.
(4) For the purposes of this section, "electronic communication service" means a service used to send, receive, transmit, store, or facilitate electronic communications.
History: En. Sec. 2, Ch. 195, L. 1943; amd. Sec. 1, Ch. 56, L. 1951; amd. Sec. 1, Ch. 225, L. 1977; R.C.M. 1947, 93-601-2(1), (2); amd. Sec. 2, Ch. 285, L. 1979; amd. Sec. 538, Ch. 56, L. 2009; amd. Sec. 1, Ch. 215, L. 2015.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 9. Media Confidentiality Act › 26-1-903. Waiver of privilege

26-1-903. Waiver of privilege.
(1) Except as provided in subsection (2), dissemination in whole or in part does not constitute a waiver of provisions of 26-1-902.
(2) If the person claiming the privilege testifies, with or without having been subpoenaed or ordered to testify or produce the source, before a judicial, legislative, administrative, or other body having the power to issue subpoenas or judicially enforceable orders, the person does not waive the provisions of 26-1-902 unless the person voluntarily agrees to waive the privilege or voluntarily discloses the source in the course of the person's testimony. Except as provided in this subsection, the provisions of 26-1-902 may not be waived.
History: En. Sec. 2, Ch. 195, L. 1943; amd. Sec. 1, Ch. 56, L. 1951; amd. Sec. 1, Ch. 225, L. 1977; R.C.M. 1947, 93-601-2(3), (4); amd. Sec. 3, Ch. 285, L. 1979; amd. Sec. 1, Ch. 544, L. 1989; amd. Sec. 539, Ch. 56, L. 2009.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 10. Affidavits › 26-1-1001. Affidavit defined

26-1-1001. Affidavit defined.
An "affidavit" is a written declaration under oath, made without notice to the adverse party.
History: En. Sec. 3321, C. Civ. Proc. 1895; re-en. Sec. 7988, Rev. C. 1907; re-en. Sec. 10632, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2003; re-en. Sec. 10632, R.C.M. 1935; R.C.M. 1947, 93-1601-2.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 10. Affidavits › 26-1-1002. Permissible uses for affidavits

26-1-1002. Permissible uses for affidavits.
An affidavit may be used:
(1) to verify a pleading or a paper in a special proceeding;
(2) to prove the service of a summons, notice, or other paper in an action or special proceeding;
(3) to obtain a provisional remedy, the examination of a witness, or a stay of proceedings;
(4) upon a motion; and
(5) in any other case expressly permitted by some other provision of this code.
History: En. Sec. 3330, C. Civ. Proc. 1895; re-en. Sec. 7992, Rev. C. 1907; re-en. Sec. 10636, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2009; re-en. Sec. 10636, R.C.M. 1935; R.C.M. 1947, 93-1701-1.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 10. Affidavits › 26-1-1003. Affidavits made in this state -- before whom taken

26-1-1003. Affidavits made in this state -- before whom taken.
An affidavit to be used before any court, judge, or officer of this state may be taken before any judge or clerk of any court or any justice of the peace, county clerk, or notary public in this state.
History: En. Sec. 336, p. 113, Bannack Stat.; re-en. Sec. 399, p. 215, L. 1867; re-en. Sec. 473, p. 130, Cod. Stat. 1871; re-en. Sec. 651, p. 208, L. 1877; re-en. Sec. 651, 1st Div. Rev. Stat. 1879; re-en. Sec. 672, 1st Div. Comp. Stat. 1887; re-en. Sec. 3333, C. Civ. Proc. 1895; re-en. Sec. 7995, Rev. C. 1907; re-en. Sec. 10639, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2012; re-en. Sec. 10639, R.C.M. 1935; R.C.M. 1947, 93-1701-4.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 10. Affidavits › 26-1-1004. Affidavits made in another state -- before whom taken

26-1-1004. Affidavits made in another state -- before whom taken.
An affidavit taken in another state of the United States to be used in this state may be taken before a commissioner appointed by the governor of this state to take affidavits and depositions in such other state, before any notary public in another state, or before any judge or clerk of a court of record having a seal.
History: En. Sec. 337, p. 113, Bannack Stat.; amd. Sec. 400, p. 215, L. 1867; amd. Sec. 474, p. 130, Cod. Stat. 1871; re-en. Sec. 652, p. 208, L. 1877; re-en. Sec. 652, 1st Div. Rev. Stat. 1879; re-en. Sec. 673, 1st Div. Comp. Stat. 1887; amd. Sec. 3334, C. Civ. Proc. 1895; re-en. Sec. 7996, Rev. C. 1907; re-en. Sec. 10640, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2013; re-en. Sec. 10640, R.C.M. 1935; R.C.M. 1947, 93-1701-5.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 10. Affidavits › 26-1-1005. Affidavits made in foreign country -- before whom taken

26-1-1005. Affidavits made in foreign country -- before whom taken.
An affidavit taken in a foreign country to be used in this state may be taken before an ambassador, minister, consul, vice consul, or consular agent of the United States or before any judge of a court of record having a seal in such foreign country.
History: En. Sec. 338, p. 113, Bannack Stat.; amd. Sec. 401, p. 215, L. 1867; amd. Sec. 475, p. 130, Cod. Stat. 1871; re-en. Sec. 653, p. 208, L. 1877; re-en. Sec. 653, 1st Div. Rev. Stat. 1879; re-en. Sec. 674, 1st Div. Comp. Stat. 1887; amd. Sec. 3335, C. Civ. Proc. 1895; re-en. Sec. 7997, Rev. C. 1907; re-en. Sec. 10641, R.C.M. 1921, Cal. C. Civ. Proc. Sec. 2014; re-en. Sec. 10641, R.C.M. 1935; R.C.M. 1947, 93-1701-6.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 10. Affidavits › 26-1-1006. Verification of affidavit taken out of state

26-1-1006. Verification of affidavit taken out of state.
When an affidavit is taken before a judge of a court in another state or in a foreign country, the genuineness of the signature of the judge, the existence of the court, and the fact that such judge is a member thereof must be certified by the clerk of the court, under the seal thereof.
History: En. Sec. 339, p. 113, Bannack Stat.; amd. Sec. 402, p. 215, L. 1867; re-en. Sec. 476, p. 130, Cod. Stat. 1871; re-en. Sec. 654, p. 208, L. 1877; re-en. Sec. 654, 1st Div. Rev. Stat. 1879; re-en. Sec. 675, 1st Div. Comp. Stat. 1887; re-en. Sec. 3336, C. Civ. Proc. 1895; re-en. Sec. 7998, Rev. C. 1907; re-en. Sec. 10642, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2015; re-en. Sec. 10642, R.C.M. 1935; R.C.M. 1947, 93-1701-7.
2023 Montana Code Annotated › Title 26. Evidence › Chapter 1. Statutory Provisions on Evidence › Part 10. Affidavits › 26-1-1011. Affidavit of printer or publisher as evidence of publication

26-1-1011. Affidavit of printer or publisher as evidence of publication.
Evidence of the publication of a document or notice required by law or by an order of a court or judge to be published in a newspaper may be given by the affidavit of the printer or publisher of the newspaper or the printer's or publisher's supervisor or principal clerk, annexed to a copy of the document or notice, specifying the times when and the paper in which the publication was made.
History: En. Sec. 13, p. 12, L. 1881; re-en. Sec. 677, 1st Div. Comp. Stat. 1887; re-en. Sec. 3331, C. Civ. Proc. 1895; re-en. Sec. 7993, Rev. C. 1907; re-en. Sec. 10637, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2010; amd. Sec. 1, Ch. 80, L. 1935; re-en. Sec. 10637, R.C.M. 1935; R.C.M. 1947, 93-1701-2; amd. Sec. 540, Ch. 56, L. 2009.