26-1-106. Explanation of alterations in a writing. The party producing a writing as genuine that has been altered or appears to have been altered after its execution in a part material to the question in dispute shall account for the appearance or alteration. The party may show that the alteration was made by another without the party's concurrence, was made with the consent of the parties affected by the alteration, or was otherwise properly or innocently made or that the alteration did not change the meaning or language of the instrument. If the party does that, the party may give the writing in evidence, but not otherwise.
History: En. Sec. 365, p. 119, Bannack Stat.; re-en. Sec. 423, p. 221, L. 1867; re-en. Sec. 497, p. 136, Cod. Stat. 1871; rep. Sec. 674, p. 215, L. 1877; re-en. Sec. 12, p. 12, L. 1881; re-en. Sec. 644, 1st Div. Comp. Stat. 1887; amd. Sec. 3291, C. Civ. Proc. 1895; re-en. Sec. 7973, Rev. C. 1907; re-en. Sec. 10617, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1982; re-en. Sec. 10617, R.C.M. 1935; R.C.M. 1947, 93-1501-2; amd. Sec. 521, Ch. 56, L. 2009.
Structure Montana Code Annotated
Chapter 1. Statutory Provisions on Evidence
Part 1. Definitions and Miscellaneous Provisions
26-1-102. Definitions -- kinds of evidence
26-1-103. Declaration, act, or omission which is a part of the transaction
26-1-104. Evidence of third person's obligation