Montana § 26-1-302 Witness Presumed To Speak The Truth -- How Presumption Rebutted

Montana Statutes

§ 26-1-302 — Witness Presumed To Speak The Truth -- How Presumption Rebutted

Montana·Title 26 EVIDENCE·Ch. 1 STATUTORY PROVISIONS ON EVIDENCE·Part 3 Weight and Effect of Evidence

26-1-302 . Witness presumed to speak the truth -- how presumption rebutted. A witness is presumed to speak the truth. The jury or the court in the absence of a jury is the exclusive judge of a witness's credibility. This presumption may be controverted and overcome by any matter that has a tendency to disprove the truthfulness of a witness's testimony. The matters include but are not limited to:

(1)the demeanor or manner of the witness while testifying;

(2)the character of the witness's testimony;

(3)bias of the witness for or against any party involved in the case;

(4)interest of the witness in the outcome of the litigation or other motive to testify falsely;

(5)the witness's character for truth, honesty, or integrity;

(6)the extent of the witness's capacity and opportunity to perce

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26-1-302 . Witness presumed to speak the truth -- how presumption rebutted. A witness is presumed to speak the truth. The jury or the court in the absence of a jury is the exclusive judge of a witness's credibility. This presumption may be controverted and overcome by any matter that has a tendency to disprove the truthfulness of a witness's testimony. The matters include but are not limited to:
(1) the demeanor or manner of the witness while testifying;
(2) the character of the witness's testimony;
(3) bias of the witness for or against any party involved in the case;
(4) interest of the witness in the outcome of the litigation or other motive to testify falsely;
(5) the witness's character for truth, honesty, or integrity;
(6) the extent of the witness's capacity and opportunity to perceive or capacity to recollect or to communicate any matter about which the witness testifies;
(7) inconsistent statements of the witness;
(8) an admission of untruthfulness by the witness;
(9) other evidence contradicting the witness's testimony.

Montana § 26-1-302 (Witness Presumed To Speak The Truth -- How Presumption Rebutted) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. Sec. 601, p. 195, L. 1877; re-en. Sec. 601, 1st Div. Rev. Stat. 1879; re-en. Sec. 619, 1st Div. Comp. Stat. 1887; re-en. Sec. 3123, C. Civ. Proc. 1895; re-en. Sec. 7864, Rev. C. 1907; re-en. Sec. 10508, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1847; re-en. Sec. 10508, R.C.M. 1935; R.C.M. 1947, 93-401-4; amd. Sec. 6, Ch. 72, L. 1983; amd. Sec. 522, Ch. 56, L. 2009.