Montana Code Annotated
Title 26. Evidence

26-1-403. Instructions to jury on standard of proof required to meet burden of persuasion - 26-1-403. Instructions to jury on standard of proof required to...

Part 5. Inferences

26-1-501. Inference defined - 26-1-501. Inference defined. An "inference" is a deduction which the...

26-1-502. When an inference arises - 26-1-502. When an inference arises. An inference must be founded:...

Part 6. Presumptions

26-1-601. List of conclusive presumptions - 26-1-601. List of conclusive presumptions. The following presumptions are conclusive:...

26-1-602. Disputable presumptions - 26-1-602. Disputable presumptions. All other presumptions are "disputable presumptions" and...

26-1-603. Books containing laws presumed correct - 26-1-603. Books containing laws presumed correct. Books printed or published...

26-1-604. When recitals in statutes conclusive - 26-1-604. When recitals in statutes conclusive. The recitals in a...

26-1-605. Entries in official books and records prima facie evidence - 26-1-605. Entries in official books and records prima facie evidence....

26-1-606. Entry made by officer or board prima facie evidence - 26-1-606. Entry made by officer or board prima facie evidence....

26-1-607. When writings of a decedent prima facie evidence - 26-1-607. When writings of a decedent prima facie evidence. The...

26-1-608. Photographs of items allegedly taken or converted -- admissibility procedure - 26-1-608. Photographs of items allegedly taken or converted -- admissibility...

26-1-609. through 26-1-620 reserved - 26-1-609 through 26-1-620 reserved.

26-1-621. Repealed - 26-1-621. Repealed. Sec. 20, Ch. 72, L. 1983. History: En....

26-1-622. Official reports and records made pursuant to federal law prima facie evidence - 26-1-622. Official reports and records made pursuant to federal law...

26-1-623. Presumption of authenticity of finding, report, or record - 26-1-623. Presumption of authenticity of finding, report, or record. For...

26-1-624. No presumption from tax status of property - 26-1-624. No presumption from tax status of property. In a...

Part 7. Voluntary Payment of Claims

26-1-701. Legislative policy - 26-1-701. Legislative policy. The legislature declares that the health, welfare,...

26-1-702. Person defined - 26-1-702. Person defined. As used in this part, the word...

26-1-703. Voluntary partial payment of claim not an admission of fault or waiver - 26-1-703. Voluntary partial payment of claim not an admission of...

26-1-704. Fact of payment and amount inadmissible as evidence - 26-1-704. Fact of payment and amount inadmissible as evidence. The...

26-1-705. Effect of payment upon final settlement - 26-1-705. Effect of payment upon final settlement. Upon final settlement...

26-1-706. Effect of payment on judgment - 26-1-706. Effect of payment on judgment. After entry of a...

Part 8. Privileges

26-1-801. Policy to protect confidentiality in certain relations - 26-1-801. Policy to protect confidentiality in certain relations. There are...

26-1-802. Spousal privilege - 26-1-802. Spousal privilege. Neither spouse may, without the consent of...

26-1-803. Attorney-client privilege - 26-1-803. Attorney-client privilege. (1) An attorney cannot, without the consent...

26-1-804. Confessions made to member of clergy - 26-1-804. Confessions made to member of clergy. A member of...

26-1-805. Doctor-patient privilege - 26-1-805. Doctor-patient privilege. Except as provided in Rule 35, Montana...

26-1-806. Speech-language pathologist, audiologist-client privilege - 26-1-806. Speech-language pathologist, audiologist-client privilege. A speech-language pathologist or audiologist...

26-1-807. Mental health professional-client privilege - 26-1-807. Mental health professional-client privilege. The confidential relations and communications...

26-1-808. Information gathered by psychology teachers and observers - 26-1-808. Information gathered by psychology teachers and observers. Any person...

26-1-809. Confidential communications by student to employee of educational institution - 26-1-809. Confidential communications by student to employee of educational institution....

26-1-810. Confidential communications made to public officer - 26-1-810. Confidential communications made to public officer. A public officer...

26-1-811. Repealed - 26-1-811. Repealed. Sec. 4, Ch. 481, L. 1999. History: En....

26-1-812. Advocate privilege - 26-1-812. Advocate privilege. (1) Unless a report is otherwise required...

26-1-813. Mediation -- confidentiality -- privilege -- exceptions - 26-1-813. Mediation -- confidentiality -- privilege -- exceptions. (1) Mediation...

26-1-814. Statement of apology, sympathy, or benevolence -- not admissible as evidence of admission of liability for medical malpractice - 26-1-814. Statement of apology, sympathy, or benevolence -- not admissible...

Part 9. Media Confidentiality Act

26-1-901. Short title - 26-1-901. Short title. This part shall be known and may...

26-1-902. Extent of privilege -- definition - 26-1-902. Extent of privilege -- definition. (1) Without a person's...

26-1-903. Waiver of privilege - 26-1-903. Waiver of privilege. (1) Except as provided in subsection...

Part 10. Affidavits

26-1-1001. Affidavit defined - 26-1-1001. Affidavit defined. An "affidavit" is a written declaration under...

26-1-1002. Permissible uses for affidavits - 26-1-1002. Permissible uses for affidavits. An affidavit may be used:...

26-1-1003. Affidavits made in this state -- before whom taken - 26-1-1003. Affidavits made in this state -- before whom taken....

26-1-1004. Affidavits made in another 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 - 26-1-1005. Affidavits made in foreign country -- before whom taken....

26-1-1006. Verification of affidavit taken out of state - 26-1-1006. Verification of affidavit taken out of state. When an...

26-1-1007. through 26-1-1010 reserved - 26-1-1007 through 26-1-1010 reserved.

26-1-1011. Affidavit of printer or publisher as evidence of publication - 26-1-1011. Affidavit of printer or publisher as evidence of publication....

26-1-1012. Affidavit of publication -- where filed, prima facie evidence - 26-1-1012. Affidavit of publication -- where filed, prima facie evidence....

Part 11. Uniform Unsworn Foreign Declarations Act

26-1-1101. Short title - 26-1-1101. Short title. This part may be cited as the...

26-1-1102. Definitions - 26-1-1102. Definitions. In this part, the following definitions apply: (1)...

26-1-1103. Applicability - 26-1-1103. Applicability. This part applies to an unsworn declaration by...

26-1-1104. Validity of unsworn declaration - 26-1-1104. Validity of unsworn declaration. (1) Except as otherwise provided...

26-1-1105. Required medium - 26-1-1105. Required medium. If a law of this state requires...

26-1-1106. Form of unsworn declaration - 26-1-1106. Form of unsworn declaration. An unsworn declaration under this...

26-1-1107. Uniformity of application and construction - 26-1-1107. Uniformity of application and construction. In applying and construing...

26-1-1108. Relation to Electronic Signatures in Global and National Commerce Act - 26-1-1108. Relation to Electronic Signatures in Global and National Commerce...

Chapter 2. Subpoenas and Witnesses

Part 1. Subpoenas

26-2-101. Subpoena defined - 26-2-101. Subpoena defined. The process by which the attendance of...

26-2-102. Issuance of subpoena - 26-2-102. Issuance of subpoena. The subpoena is issued as follows:...

26-2-103. Service of subpoena on concealed witness - 26-2-103. Service of subpoena on concealed witness. If a witness...

26-2-104. Disobedience -- how punished - 26-2-104. Disobedience -- how punished. Disobedience to a subpoena or...

26-2-105. Disobedience -- civil damages - 26-2-105. Disobedience -- civil damages. A witness disobeying a subpoena...

26-2-106. Warrant to arrest and bring in disobedient witness - 26-2-106. Warrant to arrest and bring in disobedient witness. In...

26-2-107. Contents of warrant -- execution - 26-2-107. Contents of warrant -- execution. Each warrant of commitment...

26-2-108. through 26-2-110 reserved - 26-2-108 through 26-2-110 reserved.

26-2-111. Time during which subpoena is effective - 26-2-111. Time during which subpoena is effective. A subpoena remains...

Part 2. Securing Testimony of Witness Who Is a Prisoner

26-2-201. Court order to obtain deposition or attendance of prisoner - 26-2-201. Court order to obtain deposition or attendance of prisoner....

26-2-202. Motion and affidavit required - 26-2-202. Motion and affidavit required. Such order can only be...

26-2-203. When production of witness may be required - 26-2-203. When production of witness may be required. If the...

Part 3. Duties of Witnesses

26-2-301. Witness required to attend when subpoenaed - 26-2-301. Witness required to attend when subpoenaed. A witness served...

26-2-302. Witness required to answer questions - 26-2-302. Witness required to answer questions. A witness shall answer...

26-2-303. Person present required to testify - 26-2-303. Person present required to testify. A person present in...

Part 4. Protection of Witnesses

26-2-401. Right of witness to protection from harassment - 26-2-401. Right of witness to protection from harassment. It is...

26-2-402. Witness protected from arrest when attending, going, and returning - 26-2-402. Witness protected from arrest when attending, going, and returning....

26-2-403. Arrest void -- punishment and liability - 26-2-403. Arrest void -- punishment and liability. The arrest of...

26-2-404. Affidavit of arrested witness -- exoneration of arresting officer - 26-2-404. Affidavit of arrested witness -- exoneration of arresting officer....

26-2-405. Discharge of witness from arrest by court or judge - 26-2-405. Discharge of witness from arrest by court or judge....

Part 5. Witness Fees

26-2-501. Witnesses in courts of record and before certain court officers - 26-2-501. Witnesses in courts of record and before certain court...

26-2-502. Witnesses in courts not of record -- civil actions - 26-2-502. Witnesses in courts not of record -- civil actions....

26-2-503. Witnesses in courts not of record -- criminal actions and on coroner's inquests - 26-2-503. Witnesses in courts not of record -- criminal actions...

26-2-504. Interpreters to be paid as witnesses - 26-2-504. Interpreters to be paid as witnesses. Interpreters and translators...

26-2-505. Expert witnesses - 26-2-505. Expert witnesses. An expert is a witness and receives...

26-2-506. Fees paid by party subpoenaing -- exceptions - 26-2-506. Fees paid by party subpoenaing -- exceptions. (1) Except...

26-2-507. Demand for advance payment of witness fees in civil action - 26-2-507. Demand for advance payment of witness fees in civil...

26-2-508. Witnesses for state, county, or public defender -- advance payment not required - 26-2-508. Witnesses for state, county, or public defender -- advance...

26-2-509. Certificate of clerk to witness to obtain payment - 26-2-509. Certificate of clerk to witness to obtain payment. The...

26-2-510. Application of sections exempting from advance payment - 26-2-510. Application of sections exempting from advance payment. The provisions...

26-2-511. through 26-2-514 reserved - 26-2-511 through 26-2-514 reserved.

26-2-515. State employees -- compensation for time spent answering subpoena - 26-2-515. State employees -- compensation for time spent answering subpoena....

Part 6. Expert Witness Qualifications -- Medical Malpractice

26-2-601. Medical malpractice expert witness qualifications - 26-2-601. Medical malpractice expert witness qualifications. (1) A person may...

Chapter 3. Effect of Former Judgments and Orders

Part 1. General Provisions

26-3-101. Kinds of jurisdiction necessary to sustain a record - 26-3-101. Kinds of jurisdiction necessary to sustain a record. The...

26-3-102. What considered adjudged in a judgment - 26-3-102. What considered adjudged in a judgment. That only is...

26-3-103. When parties are considered to be the same - 26-3-103. When parties are considered to be the same. The...

26-3-104. Principal bound when surety bound - 26-3-104. Principal bound when surety bound. Whenever, pursuant to 26-3-102,...

26-3-105. Impeachment of a judicial record - 26-3-105. Impeachment of a judicial record. Any judicial record may...

Part 2. Effect of Specific Kinds of Judicial Records

26-3-201. Effect of judgment or final order -- when conclusive - 26-3-201. Effect of judgment or final order -- when conclusive....

26-3-202. Effect of other judicial orders -- when disputable presumption created - 26-3-202. Effect of other judicial orders -- when disputable presumption...

26-3-203. Effect of judicial record of another state - 26-3-203. Effect of judicial record of another state. The effect...

26-3-204. Effect of judicial record of foreign court of admiralty - 26-3-204. Effect of judicial record of foreign court of admiralty....

26-3-205. Effect of judgments of other foreign tribunals - 26-3-205. Effect of judgments of other foreign tribunals. The effect...

Chapter 10. Montana Rules of Evidence

Part Article I. General Provisions

Rule 100. Short title - Rule 100. Short title. These rules may be known and...

Rule 101. Scope - Rule 101. Scope. (a) Proceedings generally. These rules govern all...

Rule 102. Purpose and construction - Rule 102. Purpose and construction. These rules shall be construed...

Rule 103. Rulings on evidence - Rule 103. Rulings on evidence. (a) Effect of erroneous ruling....

Rule 104. Preliminary questions of admissibility - Rule 104. Preliminary questions of admissibility. (a) Questions of admissibility...

Rule 105. Limited admissibility - Rule 105. Limited admissibility. When evidence which is admissible as...

Rule 106. Remainder of or related acts, writings, or statements - Rule 106. Remainder of or related acts, writings, or statements....

Part Article II. Judicial Notice

Rule 201. Judicial notice of facts - Rule 201. Judicial notice of facts. (a) Scope of rule....

Rule 202. Judicial notice of law - Rule 202. Judicial notice of law. (a) Scope of rule....

Part Article III. Presumptions

Rule 301. Presumptions in general - Rule 301. Presumptions in general. (a) Presumption defined. A presumption...

Rule 302. Applicability of federal law in civil cases - Rule 302. Applicability of federal law in civil cases. In...

Part Article IV. Relevancy and Its Limits

Rule 401. Definition of relevant evidence - Rule 401. Definition of relevant evidence. Relevant evidence means evidence...

Rule 402. Relevant evidence generally admissible; irrelevant evidence inadmissible - Rule 402. Relevant evidence generally admissible; irrelevant evidence inadmissible. All...

Rule 403. Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time - Rule 403. Exclusion of relevant evidence on grounds of prejudice,...

Rule 404. Character evidence not admissible to prove conduct, exceptions; other crimes; character in issue - Rule 404. Character evidence not admissible to prove conduct, exceptions;...

Rule 405. Methods of proving character - Rule 405. Methods of proving character. (a) Reputation or opinion....

Rule 406. Habit; routine practice - Rule 406. Habit; routine practice. (a) Habit and routine practice...

Rule 407. Subsequent remedial measures - Rule 407. Subsequent remedial measures. When, after an injury or...

Rule 408. Compromise and offers to compromise - Rule 408. Compromise and offers to compromise. Evidence of (1)...

Rule 409. Payment of expenses - Rule 409. Payment of expenses. Evidence of payment of expenses...

Rule 410. Offer to plead guilty; nolo contendere; withdrawn plea of guilty - Rule 410. Offer to plead guilty; nolo contendere; withdrawn plea...

Rule 411. Liability insurance - Rule 411. Liability insurance. Evidence that a person was or...

Part Article V. Privileges

Rule 501. Privileges recognized only as provided - Rule 501. Privileges recognized only as provided. Except as otherwise...

Rule 502. Identity of informer - Rule 502. Identity of informer. (a) Rule of privilege. The...

Rule 503. Waiver of privilege by voluntary disclosure - Rule 503. Waiver of privilege by voluntary disclosure. (a) General...

Rule 504. Privileged matter disclosed under compulsion or without opportunity to claim the privilege - Rule 504. Privileged matter disclosed under compulsion or without opportunity...

Rule 505. Comment upon or inference from claim of privilege - Rule 505. Comment upon or inference from claim of privilege....

Part Article VI. Witnesses

Rule 601. Competency in general; disqualification - Rule 601. Competency in general; disqualification. (a) General rule competency....

Rule 602. Lack of personal knowledge - Rule 602. Lack of personal knowledge. A witness may not...

Rule 603. Oath or affirmation - Rule 603. Oath or affirmation. Before testifying, every witness shall...

Rule 604. Interpreters - Rule 604. Interpreters. An interpreter is subject to the provisions...

Rule 605. Competency of judge as witness - Rule 605. Competency of judge as witness. The judge presiding...

Rule 606. Competency of juror as witness - Rule 606. Competency of juror as witness. (a) At the...

Rule 607. Who may impeach; party not bound by testimony - Rule 607. Who may impeach; party not bound by testimony....

Rule 608. Evidence of character and conduct of witness - Rule 608. Evidence of character and conduct of witness. (a)...

Rule 609. Impeachment by evidence of conviction of crime - Rule 609. Impeachment by evidence of conviction of crime. For...

Rule 610. Religious beliefs or opinions - Rule 610. Religious beliefs or opinions. Evidence of the beliefs...

Rule 611. Mode and order of interrogation and presentation; re-examination and recall; confrontation - Rule 611. Mode and order of interrogation and presentation; re-examination...

Rule 612. Writings used to refresh memory - Rule 612. Writings used to refresh memory. If a witness...

Rule 613. Prior statements of witnesses - Rule 613. Prior statements of witnesses. (a) Examining witness concerning...

Rule 614. Calling and interrogation of witnesses by court - Rule 614. Calling and interrogation of witnesses by court. (a)...

Rule 615. Exclusion of witnesses - Rule 615. Exclusion of witnesses. At the request of a...

Part Article VII. Opinions and Expert Testimony

Rule 701. Opinion testimony by lay witnesses - Rule 701. Opinion testimony by lay witnesses. If the witness...

Rule 702. Testimony by experts - Rule 702. Testimony by experts. If scientific, technical, or other...

Rule 703. Basis of opinion testimony by experts - Rule 703. Basis of opinion testimony by experts. The facts...

Rule 704. Opinions on ultimate issue - Rule 704. Opinions on ultimate issue. Testimony in the form...

Rule 705. Disclosure of facts or data underlying expert opinion - Rule 705. Disclosure of facts or data underlying expert opinion....

Part Article VIII. Hearsay

Rule 801. Definitions - Rule 801. Definitions. The following definitions apply under this article:...

Rule 802. Hearsay rule - Rule 802. Hearsay rule. Hearsay is not admissible except as...

Rule 803. Hearsay exceptions: availability of declarant immaterial - Rule 803. Hearsay exceptions: availability of declarant immaterial. The following...

Rule 804. Hearsay exceptions: declarant unavailable - Rule 804. Hearsay exceptions: declarant unavailable. (a) Definition of unavailability....

Rule 805. Hearsay within hearsay - Rule 805. Hearsay within hearsay. Hearsay included within hearsay is...

Rule 806. Attacking and supporting the credibility of declarant - Rule 806. Attacking and supporting the credibility of declarant. When...

Part Article IX. Authentication and Identification

Rule 901. Requirement of authentication or identification - Rule 901. Requirement of authentication or identification. (a) General provision....

Rule 902. Self-authentication - Rule 902. Self-authentication. Extrinsic evidence of authenticity as a condition...

Rule 903. Subscribing witness' testimony unnecessary - Rule 903. Subscribing witness' testimony unnecessary. The testimony of a...

Part Article X. Contents of Writings, Recordings, and Photographs

Rule 1001. Definitions - Rule 1001. Definitions. For purposes of this article the following...

Rule 1002. Requirement of original - Rule 1002. Requirement of original. To prove the content of...

Rule 1003. Admissibility of duplicates, copies of certain entries - Rule 1003. Admissibility of duplicates, copies of certain entries. A...

Rule 1004. Admissibility of other evidence of contents - Rule 1004. Admissibility of other evidence of contents. The original...

Rule 1005. Public records - Rule 1005. Public records. The contents of an official record,...

Rule 1006. Summaries - Rule 1006. Summaries. The contents of voluminous writings, recordings, or...

Rule 1007. Testimony or written admission of party - Rule 1007. Testimony or written admission of party. Contents of...

Rule 1008. Functions of court and jury - Rule 1008. Functions of court and jury. When the admissibility...

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Montana Code Annotated Title 26. Evidence

Montana Code Annotated
Title 26. Evidence