{"data":{"id":"us-mt/26-1-302","jurisdiction":"us-mt","citation":"26-1-302","heading":"Witness presumed to speak the truth -- how presumption rebutted.","body":"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:\n(1) the demeanor or manner of the witness while testifying;\n(2) the character of the witness's testimony;\n(3) bias of the witness for or against any party involved in the case;\n(4) interest of the witness in the outcome of the litigation or other motive to testify falsely;\n(5) the witness's character for truth, honesty, or integrity;\n(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;\n(7) inconsistent statements of the witness;\n(8) an admission of untruthfulness by the witness;\n(9) other evidence contradicting the witness's testimony.","path":["TITLE 26. EVIDENCE","CHAPTER 1. STATUTORY PROVISIONS ON EVIDENCE","Part 3. Weight and Effect of Evidence"],"source_url":"https://mca.legmt.gov/bills/mca/title_0260/chapter_0010/part_0030/section_0020/0260-0010-0030-0020.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:50:19Z","sha256":"3e01d6b5a92d6575cf95f0dc541c9b83e80a103761df2298c35ad15453c3401e","source_id":"us-mt","stale":false,"prev":"us-mt/26-1-301","next":"us-mt/26-1-303"},"notice":"GroundRules: Original legal text. Not legal advice."}