Montana Statutes
§ 26-1-402 — Who Has Burden Of Persuasion
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
Superseded