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Montana Title 26. Evidence § 26-1-302. Witness presumed to speak the truth--how presumption rebutted

Current as of January 01, 2024 | Updated by Findlaw Staff

A witness is presumed to speak the truth. The jury or the court in the absence of a jury is the exclusive judge of a witness's credibility. This presumption may be controverted and overcome by any matter that has a tendency to disprove the truthfulness of a witness's testimony. The matters include but are not limited to:

(1) the demeanor or manner of the witness while testifying;

(2) the character of the witness's testimony;

(3) bias of the witness for or against any party involved in the case;

(4) interest of the witness in the outcome of the litigation or other motive to testify falsely;

(5) the witness's character for truth, honesty, or integrity;

(6) the extent of the witness's capacity and opportunity to perceive or capacity to recollect or to communicate any matter about which the witness testifies;

(7) inconsistent statements of the witness;

(8) an admission of untruthfulness by the witness;

(9) other evidence contradicting the witness's testimony.

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Cite this article: FindLaw.com - Montana Title 26. Evidence § 26-1-302. Witness presumed to speak the truth--how presumption rebutted - last updated January 01, 2024 | https://codes.findlaw.com/mt/title-26-evidence/mt-st-26-1-302/

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