26-1-607. When writings of a decedent prima facie evidence. - Montana Statutes

     26-1-607. When writings of a decedent prima facie evidence. The entries and other writings of a decedent, made at or near the time of the transaction and when the decedent was in a position to know the facts stated therein, are prima facie evidence of the facts stated therein, in the following cases:
     (1) when the writing or entry was made against the interest of the person making it;
     (2) when it was made in a professional capacity and in the ordinary course of professional conduct;
     (3) when it was made in the performance of a duty specially enjoined by law.

     History: En. Sec. 3237, C. Civ. Proc. 1895; re-en. Sec. 7950, Rev. C. 1907; re-en. Sec. 10594, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 1946; re-en. Sec. 10594, R.C.M. 1935; R.C.M. 1947, 93-1101-17; amd. Sec. 13, Ch. 72, L. 1983.