Montana Code Annotated
Part 9. Operation and Regulation
32-2-951. Definitions -- reproductions of mutual association records -- admissibility in evidence -- cost recovery

32-2-951. Definitions -- reproductions of mutual association records -- admissibility in evidence -- cost recovery. (1) For the purposes of this section, the following definitions apply:
(a) "Electronic storage" or "electronically stored" means the recording, storage, retention, maintenance, and reproduction of documents using microfiche, data processing, computers, or other electronic process that correctly and legibly stores and reproduces documents.
(b) "Mutual association records" includes any document, paper, letter, book, map, photograph, sound or video recording, magnetic tape, electronic storage medium, or other information-recording medium used in a mutual association's normal course of business.
(2) (a) A photographic, photostatic, miniature photographic copy, or reproduction of any kind, including electronic or computer-generated data that has been electronically stored and is capable of being converted into written form, must be considered an original record for all purposes and must be treated as an original record in all courts and administrative agencies for the purposes of admissibility in evidence.
(b) A facsimile, exemplification, or certified copy of any reproduction referred to in subsection (2)(a) must, for all purposes, be considered a facsimile, exemplification, or certified copy of the original record.
(3) Except as provided in subsection (7), mutual associations are authorized to make, at any time, photographic or photostatic copies or microfilm reproductions of any records or documents, including photographic enlargements and prints of microfilms, to be preserved, stored, used, and employed in carrying out business.
(4) In an action or proceeding in which mutual association records may be called in question or be demanded of a mutual association or any officer or employee of a mutual association, a showing that the records have been destroyed in the regular course of business is a sufficient excuse for the failure to produce the records.
(5) Upon the showing required in subsection (4), secondary evidence of the form, text, and contents of the original records, including photostatic, photographic, or microfilm reproductions, photographic enlargements, and prints of microfilm reproductions, when made in the regular course of business, is admissible in evidence in any court of competent jurisdiction or in any administrative proceeding.
(6) Any photostatic, photographic, or microfilm reproductions, including enlargements of the microfilm reproductions, made in the regular course of business of any original files, records, books, cards, tickets, deposit slips, or memoranda that were in existence on July 1, 1951, are admissible in evidence as proof of the form, text, and content of the originals that were destroyed in the regular course of business.
(7) A mutual association may, as a condition of providing mutual association records to a third party in response to a subpoena or another legal procedure or request, charge and collect the actual costs incurred in locating, reproducing, and providing the mutual association records.
History: En. Sec. 84, Ch. 431, L. 2021.

Structure Montana Code Annotated

Montana Code Annotated

Title 32. Financial Institutions

Chapter 2. Mutual Savings and Loan Associations

Part 9. Operation and Regulation

32-2-901. Mutual association advertising before issuance of charter

32-2-902. Prohibitions on advertising as mutual association -- trade names restricted

32-2-903. Penalty for transacting business without certificate

32-2-904. Mutual associations -- powers and duties

32-2-905. Extent that assets may be pledged

32-2-906. Issuance of capital certificates

32-2-907. No certificate of deposit to be issued for borrowed money

32-2-908. Investments of financial institutions

32-2-909. Insurance activities -- exemption -- rulemaking

32-2-910. Authority of state mutual associations to make real estate loans -- borrower insurance requirements

32-2-911. Investment in certain securities -- rulemaking

32-2-912. Mutual associations authorized to obtain insurance and make loans when approved by federal housing administrator

32-2-913. Federal housing securities eligible collateral

32-2-914. Acceptance and issuance of drafts -- rulemaking

32-2-915. Mutual association's responsibility to provide notice when funds become available for withdrawal

32-2-916. Certified checks

32-2-917. Deposit in name of minor

32-2-918. Demand or time deposits

32-2-919. Safe deposit department

32-2-920. Giving security for deposit prohibited -- exceptions

32-2-921. Payments to foreign administrator

32-2-922. Calculation of profits

32-2-923. Past-due and doubtful paper

32-2-924. Reserve requirements

32-2-925. Limitations on loans -- rulemaking

32-2-926. through 32-2-929 reserved

32-2-930. Bonding of employees

32-2-931. Persons previously convicted -- rulemaking

32-2-932. Sale of securities by officer to mutual association

32-2-933. Real estate that mutual associations may purchase, hold, or convey

32-2-934. Purchase of obligation of mutual association by officer

32-2-935. Fraud by director, officer, agent, or employee

32-2-936. Removal of directors, officers, or employees -- hearing

32-2-937. Penalty for unlawful hypothecation of property received

32-2-938. Concealing actions from directors

32-2-939. Theft of funds by directors, officers, or employees

32-2-940. False statement to obtain loan

32-2-941. Mutual association holidays

32-2-942. Transaction on holiday

32-2-943. Closing on Saturdays authorized -- Saturday treated as holiday

32-2-944. Mutual association hours and business days

32-2-945. Interest payable at mutual association on Saturday -- how paid

32-2-946. through 32-2-949 reserved

32-2-950. Destruction of records -- rulemaking

32-2-951. Definitions -- reproductions of mutual association records -- admissibility in evidence -- cost recovery

32-2-952. Admissibility of copies in evidence -- exception when original available

32-2-953. Destruction or reproduction

32-2-954. Application