Montana § 26-1-403 Instructions To Jury On Standard Of Proof Required To Meet Burden Of Persuasion

Montana Statutes

§ 26-1-403 — Instructions To Jury On Standard Of Proof Required To Meet Burden Of Persuasion

Montana § 26-1-403

Title 26EVIDENCE

Ch. 1STATUTORY PROVISIONS ON EVIDENCE

Part 4Burdens of Proof

This text of Montana § 26-1-403 (Instructions To Jury On Standard Of Proof Required To Meet 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. § 26-1-403 (2026).

Text

26-1-403 . Instructions to jury on standard of proof required to meet burden of persuasion. The jury is to be instructed by the court on all proper occasions:

(1)that in civil cases the affirmative of the issue must be proved, and when the evidence is contradictory, the decision must be made according to the preponderance of the evidence; and

(2)that in criminal cases guilt must be established beyond reasonable doubt.

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26-1-403 . Instructions to jury on standard of proof required to meet burden of persuasion. The jury is to be instructed by the court on all proper occasions:
(1) that in civil cases the affirmative of the issue must be proved, and when the evidence is contradictory, the decision must be made according to the preponderance of the evidence; and
(2) that in criminal cases guilt must be established beyond reasonable doubt.

Legislative History

En. Sec. 3390, C. Civ. Proc. 1895; re-en. Sec. 8028, Rev. C. 1907; re-en. Sec. 10672, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2061; re-en. Sec. 10672, R.C.M. 1935; R.C.M. 1947, 93-2001-1(part).