72-5-606. Taking testimony in another state. (1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.
(2) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone or audiovisual or other electronic means. A court of this state shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony.
(3) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.
History: En. Sec. 6, Ch. 236, L. 2009.
Structure Montana Code Annotated
Title 72. Estates, Trusts, and Fiduciary Relationships
Chapter 5. Upc -- Persons Under Disability Guardianship and Conservatorship
Part 6. Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act
72-5-603. International application
72-5-604. Communication between courts
72-5-605. Cooperation between courts
72-5-606. Taking testimony in another state
72-5-607. through 72-5-610 reserved
72-5-611. Definitions -- significant connection factors
72-5-614. Special jurisdiction
72-5-615. Exclusive and continuing jurisdiction
72-5-617. Jurisdiction declined by reason of conduct
72-5-618. Notice of proceeding
72-5-619. Proceedings in more than one state
72-5-620. through 72-5-623 reserved
72-5-624. Transfer of guardianship or conservatorship to another state
72-5-625. Accepting guardianship or conservatorship transferred from another state
72-5-626. through 72-5-628 reserved
72-5-629. Registration of guardianship orders
72-5-630. Registration of protective orders
72-5-631. Effect of registration
72-5-632. through 72-5-635 reserved
72-5-636. Uniformity of application and construction
72-5-637. Relation to Electronic Signatures in Global and National Commerce Act