Montana Code 26-1-607. When writings of a decedent prima facie evidence
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26-1-607. When writings of a decedent prima facie evidence. The entries and other writings of a decedent, made at or near the time of the transaction and when the decedent was in a position to know the facts stated therein, are prima facie evidence of the facts stated therein, in the following cases:
Terms Used In Montana Code 26-1-607
- Decedent: A deceased person.
- 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.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Writing: includes printing. See Montana Code 1-1-203
(1)when the writing or entry was made against the interest of the person making it;
(2)when it was made in a professional capacity and in the ordinary course of professional conduct;
(3)when it was made in the performance of a duty specially enjoined by law.