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. (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, […]
26-1-102. Definitions — kinds of evidence. (1) “Circumstantial evidence” is that which tends to establish a fact by proving another and which, though true, does not of itself conclusively establish that fact but affords an inference or presumption of its existence. (2) (a) ”Conclusive evidence” is that which the law does not permit to be contradicted. (b) No evidence […]
26-1-103. Declaration, act, or omission which is a part of the transaction. Where the declaration, act, or omission forms part of a transaction which is itself the fact in dispute or evidence of that fact, such declaration, act, or omission is evidence as part of the transaction. History: En. Sec. 604, p. 196, L. 1877; re-en. Sec. […]
26-1-104. Evidence of third person’s obligation. Where the question in dispute between the parties is the obligation or duty of a third person, whatever would be the evidence for or against such person is prima facie evidence between the parties. History: En. Sec. 605, p. 197, L. 1877; re-en. Sec. 605, 1st Div. Rev. Stat. 1879; re-en. […]
26-1-105. Superseded. Sup. Ct. Ord. No. 12729, July 10, 1979. History: En. Sec. 624, p. 201, L. 1877; re-en. Sec. 624, 1st Div. Rev. Stat. 1879; re-en. Sec. 642, 1st Div. Comp. Stat. 1887; re-en. Sec. 3146, C. Civ. Proc. 1895; re-en. Sec. 7887, Rev. C. 1907; re-en. Sec. 10531, R.C.M. 1921; Cal. C. Civ. Proc. Sec. […]
26-1-106. Explanation of alterations in a writing. The party producing a writing as genuine that has been altered or appears to have been altered after its execution in a part material to the question in dispute shall account for the appearance or alteration. The party may show that the alteration was made by another without the […]
26-1-107. Repealed. Sec. 20, Ch. 72, L. 1983. History: En. Sec. 3233, C. Civ. Proc. 1895; re-en. Sec. 7946, Rev. C. 1907; re-en. Sec. 10590, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1942; re-en. Sec. 10590, R.C.M. 1935; R.C.M. 1947, 93-1101-13.
26-1-108. Repealed. Sec. 20, Ch. 72, L. 1983. History: En. Sec. 3236, C. Civ. Proc. 1895; re-en. Sec. 7949, Rev. C. 1907; re-en. Sec. 10593, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1945; re-en. Sec. 10593, R.C.M. 1935; R.C.M. 1947, 93-1101-16.
