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 § 26-1-302

Title 26EVIDENCE

Ch. 1STATUTORY PROVISIONS ON EVIDENCE

Part 3Weight and Effect of Evidence

This text of Montana § 26-1-302 (Witness Presumed To Speak The Truth -- How Presumption Rebutted) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 26-1-302 (2026).

Text

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.

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.