25-14-106. Immunity of witnesses to criminal proceedings. A party or witness examined in proceedings authorized by parts 1 and 2 of this chapter is not excused from answering a question on the ground that the party’s or witness’s examination will tend to convict the party or witness of the commission of a fraud or to prove that the party or witness has been a party or privy to or knowing of a conveyance, assignment, transfer, or other disposition of property for any purpose or that the party or witness or any other person claims to be entitled, as against the judgment creditor or a receiver appointed or to be appointed in the proceedings, to hold property derived from or through the judgment debtor or to be discharged from the payment of a debt that was due to the judgment debtor or to a person in the judgment debtor’s behalf. However, an answer cannot be used as evidence against the person answering in a criminal action or criminal proceeding.

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Terms Used In Montana Code 25-14-106

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Fraud: Intentional deception resulting in injury to another.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Property: means real and personal property. See Montana Code 1-1-205