Montana Statutes
§ 26-1-401 — Who Has Burden Of Producing Evidence
26-1-401 . Who has burden of producing evidence. The initial burden of producing evidence as to a particular fact is on the party who would be defeated if no evidence were given on either side. Thereafter, the burden of producing evidence is on the party who would suffer a finding against that party in the absence of further evidence.
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Legislative History
En. Sec. 3290, C. Civ. Proc. 1895; re-en. Sec. 7972, Rev. C. 1907; re-en. Sec. 10616, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1981; re-en. Sec. 10616, R.C.M. 1935; R.C.M. 1947, 93-1501-1; amd. Sec. 8, Ch. 72, L. 1983; amd. Sec. 524, Ch. 56, L. 2009.
Nearby Sections
15
§ 26-1-1001
Affidavit Defined§ 26-1-1002
Permissible Uses For Affidavits§ 26-1-1006
Verification Of Affidavit Taken Out Of State§ 26-1-1007
Through 26-1-1010 Reserved§ 26-1-101
General Definitions§ 26-1-1013
Affidavit Of Business Records§ 26-1-102
Definitions -- Kinds Of Evidence§ 26-1-104
Evidence Of Third Person's Obligation§ 26-1-105
Superseded