76-3-405. Administration of oaths by registered land surveyor. (1) A registered land surveyor may administer and certify oaths when:

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Terms Used In Montana Code 76-3-405

  • Certificate of survey: means a drawing of a field survey prepared by a registered surveyor for the purpose of disclosing facts pertaining to boundary locations. See Montana Code 76-3-103
  • 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.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

(a)it becomes necessary to take testimony for the identification of old corners or reestablishment of lost or obliterated corners;

(b)a corner or monument is found in a deteriorating condition and it is desirable that evidence concerning it be perpetuated;

(c)the importance of the survey makes it desirable to administer an oath to the surveyor’s assistants for the faithful performance of their duty.

(2)A record of oaths must be preserved as part of the field notes of the survey and noted on the certificate of survey filed under 76-3-404.