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Part 1. Definitions and Miscellaneous Provisions
26-1-101. General definitions - 26-1-101. General definitions. (1) "Direct examination" is the first examination...
26-1-102. Definitions -- kinds of evidence - 26-1-102. Definitions -- kinds of evidence. (1) "Circumstantial evidence" is...
26-1-103. Declaration, act, or omission which is a part of the transaction - 26-1-103. Declaration, act, or omission which is a part of...
26-1-104. Evidence of third person's obligation - 26-1-104. Evidence of third person's obligation. Where the question in...
26-1-105. Superseded - 26-1-105. Superseded. Sup. Ct. Ord. No. 12729, July 10, 1979....
26-1-106. Explanation of alterations in a writing - 26-1-106. Explanation of alterations in a writing. The party producing...
26-1-107. Repealed - 26-1-107. Repealed. Sec. 20, Ch. 72, L. 1983. History: En....
26-1-108. Repealed - 26-1-108. Repealed. Sec. 20, Ch. 72, L. 1983. History: En....
Part 2. Province of Court and Jury
26-1-201. Questions of law - 26-1-201. Questions of law. Except as provided in Article II,...
26-1-202. Questions of fact - 26-1-202. Questions of fact. If a trial is by jury,...
26-1-203. Who to judge effect and value of evidence - 26-1-203. Who to judge effect and value of evidence. The...
Part 3. Weight and Effect of Evidence
26-1-301. One witness sufficient to prove a fact - 26-1-301. One witness sufficient to prove a fact. The direct...
26-1-302. Witness presumed to speak the truth -- how presumption rebutted - 26-1-302. Witness presumed to speak the truth -- how presumption...
26-1-303. Instructions to jury on how to evaluate evidence - 26-1-303. Instructions to jury on how to evaluate evidence. The...
Part 4. Burdens of Proof
26-1-401. Who has burden of producing evidence - 26-1-401. Who has burden of producing evidence. The initial burden...
26-1-402. Who has burden of persuasion - 26-1-402. Who has burden of persuasion. Except as otherwise provided...
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...