Select your state

Civil procedure

evidence

Evidence is anything that tends to prove or disprove a material or relevant fact alleged in a lawsuit or other legal proceeding. Witness testimony, documents, contracts, email messages, photographs, medical bills, video images, and voice recordings are common pieces of evidence.

In Montana, as in other jurisdictions, evidence is crucial in legal proceedings to establish the truth of disputed facts. The Montana Rules of Evidence govern the admissibility and use of evidence in both civil and criminal cases. These rules determine what evidence is relevant, and relevance is defined as evidence having any tendency to make a fact more or less probable than it would be without the evidence, and the fact must be of consequence in determining the action. Witness testimony, documents, contracts, emails, photographs, medical bills, videos, and voice recordings can all serve as evidence if they are relevant to the case at hand. The rules also address the reliability and credibility of evidence, as well as the necessity for evidence to be authenticated or identified as genuine before being admitted. Additionally, certain types of evidence may be excluded if they are deemed prejudicial, confusing, a waste of time, or if they include hearsay, which is an out-of-court statement offered to prove the truth of the matter asserted, unless an exception applies.

Legal Articles

State Statutes

Individual & Family Legal Plan

As a LegalFix member, you'll get expert legal services from a local law firm that treats you like an important client. Don't wait—be prepared for life's inevitable legal challenges starting today. And ask your employer, credit union, or membership group about preferred pricing opportunities.

Civil procedure

evidence

Individual & Family Legal Plan

Articles

Montana State Code

Civil procedure

evidence

Montana State Code

Articles