Montana Rules of Evidence – 2026

Adopted in 1977 and codified at MCA Title 26, chapter 10, cited "M. R. Evid. 702". Federal Rules-influenced but numbered in its own series running from Rule 100. Montana is NOT a full Daubert state: under Hulse v. State the Daubert test applies only to novel scientific evidence, and everything else is analysed under the liberal-admission approach of Barmeyer v. Montana Power Co.

Last updated September 06, 2026

Browse all 64 rules of the 2026 edition below. Each rule includes the full text, a plain-English summary, committee notes, amendment history, and cross-references to related rules. Use the search box to find rules by keyword or number.

Article I. General Provisions

Rule 100 Short title Rule 101 Scope Rule 102 Purpose and construction Rule 103 Rulings on evidence Rule 104 Preliminary questions of admissibility Rule 105 Limited admissibility Rule 106 Remainder of or related acts, writings, or statements

Article II. Judicial Notice

Rule 201 Judicial notice of facts Rule 202 Judicial notice of law

Article III. Presumptions

Rule 301 Presumptions in general Rule 302 Applicability of federal law in civil cases

Article IV. Relevancy and Its Limits

Rule 401 Definition of relevant evidence Rule 402 Relevant evidence generally admissible; irrelevant evidence inadmissible Rule 403 Exclusion of relevant evidence on grounds of prejudice, confusion, or waste of time Rule 404 Character evidence not admissible to prove conduct, exceptions; other crimes; character in issue Rule 405 Methods of proving character Rule 406 Habit; routine practice Rule 407 Subsequent remedial measures Rule 408 Compromise and offers to compromise Rule 409 Payment of expenses Rule 410 Offer to plead guilty; nolo contendere; withdrawn plea of guilty Rule 411 Liability insurance

Article V. Privileges

Rule 501 Privileges recognized only as provided Rule 502 Identity of informer Rule 503 Waiver of privilege by voluntary disclosure Rule 504 Privileged matter disclosed under compulsion or without opportunity to claim the privilege Rule 505 Comment upon or inference from claim of privilege

Article VI. Witnesses

Rule 601 Competency in general; disqualification Rule 602 Lack of personal knowledge Rule 603 Oath or affirmation Rule 604 Interpreters Rule 605 Competency of judge as witness Rule 606 Competency of juror as witness Rule 607 Who may impeach; party not bound by testimony Rule 608 Evidence of character and conduct of witness Rule 609 Impeachment by evidence of conviction of crime Rule 610 Religious beliefs or opinions Rule 611 Mode and order of interrogation and presentation; re-examination and recall; confrontation Rule 612 Writings used to refresh memory Rule 613 Prior statements of witnesses Rule 614 Calling and interrogation of witnesses by court Rule 615 Exclusion of witnesses

Article VII. Opinions and Expert Testimony

Rule 701 Opinion testimony by lay witnesses Rule 702 Testimony by experts Rule 703 Basis of opinion testimony by experts Rule 704 Opinions on ultimate issue Rule 705 Disclosure of facts or data underlying expert opinion

Article VIII. Hearsay

Rule 801 Definitions Rule 802 Hearsay rule Rule 803 Hearsay exceptions: availability of declarant immaterial Rule 804 Hearsay exceptions: declarant unavailable Rule 805 Hearsay within hearsay Rule 806 Attacking and supporting the credibility of declarant

Article IX. Authentication and Identification

Rule 901 Requirement of authentication or identification Rule 902 Self-authentication Rule 903 Subscribing witness' testimony unnecessary

Article X. Contents of Writings, Recordings, and Photographs

Rule 1001 Definitions Rule 1002 Requirement of original Rule 1003 Admissibility of duplicates, copies of certain entries Rule 1004 Admissibility of other evidence of contents Rule 1005 Public records Rule 1006 Summaries Rule 1007 Testimony or written admission of party Rule 1008 Functions of court and jury