Montana Code 15-17-123. Copy of notice to be filed with county clerk — affidavit
15-17-123. Copy of notice to be filed with county clerk — affidavit. (1) Following publication or posting of the notice required in 15-17-122, the county treasurer shall file a copy of the notice with the county clerk. The copy must be accompanied by an affidavit signed by the county treasurer stating:
Terms Used In Montana Code 15-17-123
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105. See Montana Code 1-1-203
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(a)the name of the newspaper and its address of publication; and
(b)the dates the notice was published.
(2)If no qualified newspaper is published in the county or an adjacent county, the affidavit must list the locations and date of the posting required by 15-17-122.
(3)The affidavit filed under subsection (1) or (2) is prima facie evidence of all the facts stated therein.