Montana § 26-1-607 When Writings Of A Decedent Prima Facie Evidence

Montana Statutes

§ 26-1-607 — When Writings Of A Decedent Prima Facie Evidence

Montana·Title 26 EVIDENCE·Ch. 1 STATUTORY PROVISIONS ON EVIDENCE·Part 6 Presumptions

26-1-607 . When writings of a decedent prima facie evidence. The entries and other writings of a decedent, made at or near the time of the transaction and when the decedent was in a position to know the facts stated therein, are prima facie evidence of the facts stated therein, in the following cases:

(1)when the writing or entry was made against the interest of the person making it;

(2)when it was made in a professional capacity and in the ordinary course of professional conduct;

(3)when it was made in the performance of a duty specially enjoined by law.

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26-1-607 . When writings of a decedent prima facie evidence. The entries and other writings of a decedent, made at or near the time of the transaction and when the decedent was in a position to know the facts stated therein, are prima facie evidence of the facts stated therein, in the following cases:
(1) when the writing or entry was made against the interest of the person making it;
(2) when it was made in a professional capacity and in the ordinary course of professional conduct;
(3) when it was made in the performance of a duty specially enjoined by law.

Montana § 26-1-607 (When Writings Of A Decedent Prima Facie Evidence) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

En. Sec. 3237, C. Civ. Proc. 1895; re-en. Sec. 7950, Rev. C. 1907; re-en. Sec. 10594, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1946; re-en. Sec. 10594, R.C.M. 1935; R.C.M. 1947, 93-1101-17; amd. Sec. 13, Ch. 72, L. 1983.