§ 26-1-302 Witness presumed to speak the truth-how presumption rebutted

Codes > Montana Code > Title 26 > Chapter 1 : Part 3 > 26-1-302 Witness

26-1-302. Witness presumed to speak the truth--how presumption rebutted

    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.