40-5-1017. Application of part to nonresident subject to personal jurisdiction. A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this part, under the law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to 40-5-1036, communicate with a tribunal outside this state pursuant to 40-5-1037, and obtain discovery through a tribunal outside this state pursuant to 40-5-1038. In all other respects, 40-5-1021 through 40-5-1039, 40-5-1042, 40-5-1043, 40-5-1046 through 40-5-1052, and 40-5-1055 through 40-5-1070 do not apply and the tribunal shall apply the procedural and substantive law of this state.

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Terms Used In Montana Code 40-5-1017

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201