26-1-601. List of conclusive presumptions. The following presumptions are conclusive: (1) the truth of a declaration, act, or omission of a party, as against that party in any litigation arising out of the declaration, act, or omission, whenever the party has, by the declaration, act, or omission, intentionally led another to believe a particular thing true and […]
26-1-602. Disputable presumptions. All other presumptions are “disputable presumptions” and may be controverted by other evidence. The following are of that kind: (1) A person is innocent of crime or wrong. (2) An unlawful act was done with an unlawful intent. (3) A person intends the ordinary consequence of the person’s voluntary act. (4) A person takes ordinary care of […]
26-1-603. Books containing laws presumed correct. Books printed or published under the authority of a sister state or foreign country and purporting to contain the statutes, code, or other written law of such state or country or proved to be commonly admitted in the tribunals of such state or country as evidence of the written law […]
26-1-604. When recitals in statutes conclusive. The recitals in a public statute are conclusive evidence of the facts recited for the purpose of carrying it into effect, but no further. The recitals in a private statute are conclusive evidence between parties who claim under its provisions, but no further. History: En. Sec. 3191, C. Civ. Proc. 1895; […]
26-1-605. Entries in official books and records prima facie evidence. Entries in public or other official books or records made in the performance of the officer’s duty by a public officer of this state or any other person in the performance of a duty specially enjoined by law are prima facie evidence of the facts stated […]
26-1-606. Entry made by officer or board prima facie evidence. An entry made by an officer or board of officers or under the direction and in the presence of either, in the course of official duty, is prima facie evidence of the facts stated in such entry. History: En. Sec. 3214, C. Civ. Proc. 1895; re-en. Sec. […]
26-1-607. When writings of a decedent prima facie evidence. The entries and other writings of a decedent, made at or near the time of the transaction and when the decedent was in a position to know the facts stated therein, are prima facie evidence of the facts stated therein, in the following cases: (1) when the writing […]
26-1-608. Photographs of items allegedly taken or converted — admissibility procedure. (1) In a prosecution for a violation of 45-6-301, photographs of the items alleged to have been taken or converted are competent evidence of the items and are admissible in a proceeding, hearing, or trial as if the items themselves were introduced as evidence so […]
26-1-609 through 26-1-620 reserved.
26-1-621. Repealed. Sec. 20, Ch. 72, L. 1983. History: En. Sec. 1, Ch. 14, L. 1947; R.C.M. 1947, 93-1001-39.
26-1-622. Official reports and records made pursuant to federal law prima facie evidence. An official written report or record, or duly certified copy thereof, that a person is dead or alive; missing; missing in action; interned in a neutral country; or beleaguered, besieged, or captured by an enemy, made by any officer or employee of the […]
26-1-623. Presumption of authenticity of finding, report, or record. For the purposes of 26-1-622, any finding, report, or record or certified copy of a finding, report, or record purporting to have been signed by an officer or employee of the United States as described in that section is prima facie considered to have been signed and […]
26-1-624. No presumption from tax status of property. In a dispute over the title to the bed of a river or stream, a presumption may not be made based upon whether the department of revenue considers the property to be taxable or nontaxable. History: En. Sec. 3, Ch. 472, L. 2009.
