Table of Contents TITLE 26. EVIDENCE CHAPTER 1. STATUTORY PROVISIONS ON EVIDENCE Part 2. Province of Court and Jury
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8 26-1-201 2 26-1-202 26-1-203

Mont. Code Ann. § 26-1-201

(2021)

Questions of law

Except as provided in Article II, section 7, of the Montana constitution, all questions of law, including the admissibility of testimony, the facts preliminary to such admission, the construction of statutes and other writings, and other rules of evidence, must be decided by the court.

Opinions construing this section

8 opinions
2021 MT 268 Oct 19, 2021 Affirmed
State v. E. Murphy
Majority by Jim Rice · 4 to 3
s of evidence[,]” and “related 1 See generally North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160 (1970). 5 statutory and jurisprudential rules.” Section 26-1-201, MCA; State v. McGhee, 2021 MT 193, ¶ 10, 405 Mont. 121, 492 P.3d 518 (citations omitted); State v. Derbyshire, 2009 MT 27, ¶ 19, 349 Mont. 114, 201 P.3d 811 (cit
2021 MT 15 Jan 26, 2021 Affirmed
State v. J. Quinlan
Majority by Jim Rice · 5 to 0
timony, the facts preliminary to such admission, the construction of statutes and other writings, and other rules of evidence, must be decided by the court.” Section 26-1-201, MCA. Trial courts enjoy broad discretion in determining whether evidence is relevant and admissible, and this Court reviews those evidentiary rulings for an abuse
2019 MT 97 Apr 24, 2019 Reversed
Draggin'y v. Jccs
Concurring by Dirk M. Sandefur · 7 to 0 with 3 concurring
support for a presumed measure of damages. 37 ¶55 In either scenario, it is the exclusive province of the court to determine material questions of law. Section 26-1-201, MCA. See also M. R. Civ. P. 56. If the reasonableness of an insurer’s refusal to settle necessarily turns on a question of law, then the reasonableness of that r
2018 MT 301N Dec 11, 2018 Affirmed in part, reversed in part
State v. M. Brooks
Majority by Jim Rice · 5 to 0
13 (1995)). However, generally, “all questions of law, including . . . the construction of statutes and other writings . . . must be decided by the court.” Section 26-1-201, MCA. 7 Here, the District Court considered the legal question of whether Brooks had to register as a sex offender by consulting several different statutes, inc
2017 MT 210 Aug 23, 2017 Affirmed
Copp v. Wittich
Majority by Beth Baker · 5 to 0 with 1 concurring
. Montana statute provides that “all questions of law, including . . . the construction of statutes and other writings . . . must be decided by the court.” Section 26-1-201, MCA. “Montana’s constitution clearly constitutes an ‘other writing,’ the interpretation of which is appropriately within the province of the judge[,] not t
Official Annotations archive.org, 2021 edition
History:
En. Sec. 3441, C. Civ. Proc. 1895
Re-en. Sec. 8055, Rev. C. 1907
Re-en. Sec. 10699, R.C.M. 1921
Cal. C. Civ. Proc. Sec. 2102
Re-en. Sec. 10699, R.C.M. 1935
R.C.M. 1947, 93-2501-2
Amd. Sec. 3, Ch. 72, L. 1983
Source text on leg.mt.gov