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.
Structure Montana Code Annotated
Chapter 1. Statutory Provisions on Evidence
26-1-1002. Permissible uses for affidavits
26-1-1003. Affidavits made in this state -- before whom taken
26-1-1004. Affidavits made in another state -- before whom taken
26-1-1005. Affidavits made in foreign country -- before whom taken
26-1-1006. Verification of affidavit taken out of state
26-1-1007. through 26-1-1010 reserved
26-1-1011. Affidavit of printer or publisher as evidence of publication
26-1-1012. Affidavit of publication -- where filed, prima facie evidence