Montana Statutes
§ 26-1-402 — Who Has Burden Of Persuasion
Montana § 26-1-402
This text of Montana § 26-1-402 (Who Has Burden Of Persuasion) 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. § 26-1-402 (2026).
Text
26-1-402 . Who has burden of persuasion. Except as otherwise provided by law, a party has the burden of persuasion as to each fact the existence or nonexistence of which is essential to the claim for relief or defense the party is asserting.
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Legislative History
En. Sec. 623, p. 201, L. 1877; re-en. Sec. 623, 1st Div. Rev. Stat. 1879; re-en. Sec. 641, 1st Div. Comp. Stat. 1887; re-en. Sec. 3145, C. Civ. Proc. 1895; re-en. Sec. 7886, Rev. C. 1907; re-en. Sec. 10530, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1869; re-en. Sec. 10530, R.C.M. 1935; R.C.M. 1947, 93-401-26; amd. Sec. 9, Ch. 72, L. 1983; amd. Sec. 525, 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
SupersededCite This Page — Counsel Stack
Bluebook (online)
Montana § 26-1-402, Counsel Stack Legal Research, https://law.counselstack.com/statute/mt/1/26-1-402.