Montana Code 26-1-302. Witness presumed to speak the truth — how presumption rebutted
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:
Terms Used In Montana Code 26-1-302
- 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.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(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.