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Full-Text Articles in Evidence
"Santa Baby, Just Slip A Sable Under The Tree For Me:" Or At Least A Catchall Exception To The Hearsay Rule?, Cynthia Ford
"Santa Baby, Just Slip A Sable Under The Tree For Me:" Or At Least A Catchall Exception To The Hearsay Rule?, Cynthia Ford
Faculty Journal Articles & Other Writings
This article examines Montana's two rule-based "catchall" or "residual" hearsay exceptions, and a statutory exception that applies only to child declarants in criminal cases.
"As I Lay Dying:" A Halloween Meditation On The Use Of Dying Declarations In Montana, Cynthia Ford
"As I Lay Dying:" A Halloween Meditation On The Use Of Dying Declarations In Montana, Cynthia Ford
Faculty Journal Articles & Other Writings
This article discusses the Montana hearsay exception for "dying declarations."
In-Court Identifications Not Hearsay, Are Admissible, Cynthia Ford
In-Court Identifications Not Hearsay, Are Admissible, Cynthia Ford
Faculty Journal Articles & Other Writings
This article examines M.R.E. 801(d)(1)(C) and begins by looking at Montana case law before the rule was adopted and after it was adopted. The article follows with a look at the plethora of federal cases interpreting 801(d)(1)(C). The article points out that although Montana's version of 801(d)(1)(C) mirrors the same rule in the F.R.E, it doesn't seem that the Montana rule is used very often in reported cases. The author concludes that the rule is a good tool to escape from a hearsay objection and thereby avoid a protracted excursion into the numerous hearsay exceptions. Further, the rule applies in …
Prior Statements In Montana: Part I, Cynthia Ford
Prior Statements In Montana: Part I, Cynthia Ford
Faculty Journal Articles & Other Writings
This article is part one of a two-part series on prior statements in Montana. In part one, the article explores Montana's approach to prior inconsistent statements under M.R.E. 801. The article states that prior inconsistent statements are clearly admissible in Montana state court trials. Once a witness has testified on the stand, anything else said on the same subject, anywhere, any time, to anyone, which outright contradicts trial testimony, or serves to fill a memory lapse on the stand, is admissible -- not just for impeachment, but also to prove the fact earlier asserted.