Mont. Code Ann. § 26-1-302
This is the official text of Mont. Code Ann. § 26-1-302, part of Montana’s Code Ann — part of the compiled statutory law of Montana, published by the state as "Code Ann." Browse the sections below, each linked to its official government source.
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26-1-302 Witness presumed to speak the truth -- how presumption rebutted
Official statutory text
26-1-302 . Witness presumed to speak the truth -- how presumption rebutted. A witness is presumed to speak the truth. The jury or the court in the absence of a jury is the exclusive judge of a witness's credibility. This presumption may be controverted and overcome by any matter that has a tendency to disprove the truthfulness of a witness's testimony. The matters include but are not limited to:
(1) the demeanor or manner of the witness while testifying;
(2) the character of the witness's testimony;
(3) bias of the witness for or against any party involved in the case;
(4) interest of the witness in the outcome of the litigation or other motive to testify falsely;
(5) the witness's character for truth, honesty, or integrity;
(6) the extent of the witness's capacity and opportunity to perceive or capacity to recollect or to communicate any matter about which the witness testifies;
(7) inconsistent statements of the witness;
(8) an admission of untruthfulness by the witness;
(9) other evidence contradicting the witness's testimony.
(1) the demeanor or manner of the witness while testifying;
(2) the character of the witness's testimony;
(3) bias of the witness for or against any party involved in the case;
(4) interest of the witness in the outcome of the litigation or other motive to testify falsely;
(5) the witness's character for truth, honesty, or integrity;
(6) the extent of the witness's capacity and opportunity to perceive or capacity to recollect or to communicate any matter about which the witness testifies;
(7) inconsistent statements of the witness;
(8) an admission of untruthfulness by the witness;
(9) other evidence contradicting the witness's testimony.
Status: in_force · Read it on the official government site
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