§ 26-1-101 General definitions

Codes > Montana Code > Title 26 > Chapter 1 : Part 1 > 26-1-101 General

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, writings, physical objects, or other things presented to the senses.

    (3) A “leading question” is a question which suggests to the witness the answer which the examining party desires.

    (4) “Proof” is the establishment of a fact by evidence.

    (5) A “witness” is a person whose declaration under oath is received as evidence for any purpose, whether such declaration be made on oral examination or by deposition or affidavit.