Montana Code 26-1-101. General definitions
26-1-101. General definitions. (1) “Direct examination” is the first examination of a witness on a particular matter. “Cross-examination” is the examination of a witness by a party other than the direct examiner.
Terms Used In Montana Code 26-1-101
- 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.
- Oral examination: means an examination in the presence of the jury or tribunal that is to decide the fact or act upon it or the spoken testimony of the witness being heard by the jury or tribunal. See Montana Code 1-1-202
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(2)”Evidence” is the means of ascertaining in a judicial proceeding the truth respecting a question of fact, including but not limited to witness testimony, writings, physical objects, or other things presented to the senses.
(3)A “leading question” is a question which suggests to the witness the answer which the examining party desires.
(4)”Proof” is the establishment of a fact by evidence.
(5)A “witness” is a person whose declaration under oath is received as evidence for any purpose, whether such declaration be made on oral examination or by deposition or affidavit.