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.
26-3-101. Kinds of jurisdiction necessary to sustain a record
26-3-101. Kinds of jurisdiction necessary to sustain a record. The jurisdiction sufficient to sustain a record is jurisdiction over the cause, over the parties, and over the thing, when a specific thing is the subject of the judgment. History: En. Sec. 3205, C. Civ. Proc. 1895; re-en. Sec. 7923, Rev. C. 1907; re-en. Sec. 10567, R.C.M. 1921; […]
26-3-102. What considered adjudged in a judgment
26-3-102. What considered adjudged in a judgment. That only is deemed to have been adjudged in a former judgment which appears upon its face to have been so adjudged or which was actually and necessarily included therein or necessary thereto. History: En. Sec. 3199, C. Civ. Proc. 1895; re-en. Sec. 7917, Rev. C. 1907; re-en. Sec. 10561, […]
26-3-103. When parties are considered to be the same
26-3-103. When parties are considered to be the same. The parties are deemed to be the same when those between whom the evidence is offered were on opposite sides in the former case and a judgment or other determination could in that case have been made between them alone, though other parties were joined with both […]
26-3-104. Principal bound when surety bound
26-3-104. Principal bound when surety bound. Whenever, pursuant to 26-3-102, 26-3-103, 26-3-201, and 26-3-202, a party is bound by a record and the party stands in the relation of a surety for another, the other person is also bound from the time that the person has notice of the action or proceeding and an opportunity at […]
26-3-105. Impeachment of a judicial record
26-3-105. Impeachment of a judicial record. Any judicial record may be impeached by evidence of a want of jurisdiction in the court or judicial officer, of collusion between the parties, or of fraud in the party offering the record in respect to the proceedings. History: En. Sec. 3204, C. Civ. Proc. 1895; re-en. Sec. 7922, Rev. C. […]
26-3-201. Effect of judgment or final order — when conclusive
26-3-201. Effect of judgment or final order — when conclusive. The effect of a judgment or final order in an action or special proceeding before a court or judge of this state or of the United States having jurisdiction to pronounce the judgment or order is as follows: (1) In case of a judgment or order against […]