17-8-409. Burden of proof -- effect of criminal conviction. (1) The plaintiff in an action under 17-8-405 or 17-8-406 shall prove each essential element of the cause of action, including damages, by a preponderance of the evidence.
(2) A person convicted of or who pleaded guilty or nolo contendere to a criminal offense may not deny the essential elements of the offense in an action under 17-8-405 or 17-8-406 that involves the same event or events as the criminal proceeding.
History: En. Sec. 9, Ch. 465, L. 2005.
Structure Montana Code Annotated
Chapter 8. Disbursement and Expenditure
17-8-403. False claims -- procedures -- penalties
17-8-404. Limitation of actions
17-8-405. Investigation and civil action by government attorney
17-8-406. Complaint by person -- civil action
17-8-407. Dismissal of civil action
17-8-409. Burden of proof -- effect of criminal conviction
17-8-410. Distribution of damages and civil penalty
17-8-411. Costs and attorney fees
17-8-412. Retaliatory actions prohibited -- remedies
17-8-413. Settlement by government attorney