Rule 406. Habit; routine practice
Rule 406. Habit; routine practice. (a) Habit and routine practice defined. A habit is a person’s regular response to a repeated specific situation. A routine practice is a regular course of conduct of a group of persons or an organization. (b) Admissibility. Evidence of habit or of routine practice, whether corroborated or not, and regardless of the presence of […]
Rule 407. Subsequent remedial measures
Rule 407. Subsequent remedial measures. When, after an injury or harm allegedly caused by an event, measures are taken that, if taken previously, would have made the injury or harm less likely to occur, evidence of the subsequent measures is not admissible to prove negligence, culpable conduct, a defect in a product, a defect in a product’s […]
Rule 408. Compromise and offers to compromise
Rule 408. Compromise and offers to compromise. Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount is not admissible to prove liability for or invalidity of the […]
Rule 409. Payment of expenses
Rule 409. Payment of expenses. Evidence of payment of expenses occasioned by an injury or occurrence is not admissible to prove liability. History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.
Rule 201. Judicial notice of facts
Rule 201. Judicial notice of facts. (a) Scope of rule. This rule governs judicial notice of all facts. (b) Kinds of facts. A fact to be judicially noticed must be one not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready […]
Rule 202. Judicial notice of law
Rule 202. Judicial notice of law. (a) Scope of rule. This rule governs judicial notice of law. (b) Kinds of law. Law includes but is not limited to the following: (1) The common law, constitutions and statutes of the United States and of this and every other state, territory and jurisdiction of the United States; (2) Duly enacted ordinances and regulations […]
Rule 301. Presumptions in general
Rule 301. Presumptions in general. (a) Presumption defined. A presumption is an assumption of fact that the law requires to be made from another fact or group of facts found or otherwise established in the action or proceeding. (b) Classification and effect of presumptions. (1) Conclusive presumptions are presumptions that are specifically declared conclusive by statute. Conclusive presumptions may not […]
Rule 100. Short title
Rule 100. Short title. These rules may be known and cited as the Montana Rules of Evidence.
Rule 101. Scope
Rule 101. Scope. (a) Proceedings generally. These rules govern all proceedings in all courts in the state of Montana with the exceptions stated in this rule. (b) Rules of privilege. The rules with respect to privileges found in Article V apply at all stages of all actions, cases and proceedings. (c) Rules inapplicable. The rules (other than those with respect […]
Rule 102. Purpose and construction
Rule 102. Purpose and construction. These rules shall be construed to secure fairness in administration, elimination of unjustifiable expense and delay, and promotion of growth and development of the law of evidence to the end that the truth may be ascertained and proceedings justly determined. History: Ad. Sup. Ct. Ord. 12729, Dec. 29, 1976, eff. July 1, 1977.