Montana § 17-8-409 Burden Of Proof -- Effect Of Criminal Conviction

Montana Statutes

§ 17-8-409 — Burden Of Proof -- Effect Of Criminal Conviction

Montana·Title 17 STATE FINANCE·Ch. 8 DISBURSEMENT AND EXPENDITURE·Part 4 False Claims

17-8-409 . Burden of proof -- effect of criminal conviction.

(1)The plaintiff in an action under 17-8-405 or 17-8-406 shall prove each essential element of the cause of action, including damages, by a preponderance of the evidence.

(2)A person convicted of or who pleaded guilty or nolo contendere to a criminal offense may not deny the essential elements of the offense in an action under 17-8-405 or 17-8-406 that involves the same event or events as the criminal proceeding.

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17-8-409 . Burden of proof -- effect of criminal conviction. (1) The plaintiff in an action under 17-8-405 or 17-8-406 shall prove each essential element of the cause of action, including damages, by a preponderance of the evidence.
(2) A person convicted of or who pleaded guilty or nolo contendere to a criminal offense may not deny the essential elements of the offense in an action under 17-8-405 or 17-8-406 that involves the same event or events as the criminal proceeding.

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