1-1-202. Terms relating to procedure and the judiciary. Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:

Terms Used In Montana Code 1-1-202

  • Oath: includes an affirmation or declaration. See Montana Code 1-1-201
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202
  • Writing: includes printing. See Montana Code 1-1-203

(1) ”Deposition” means a written declaration under oath or affirmation, made upon notice to the adverse party for the purpose of enabling the adverse party to attend and cross-examine.

(2) ”Judicial officers” means justices of the supreme court, judges of the district courts, justices of the peace, municipal judges, and city judges.

(3) ”Judicial record” means the record of official entry of the proceedings in a court of justice or of the official act of a judicial officer in an action or special proceeding.

(4) ”Oral examination” means an examination in the presence of the jury or tribunal that is to decide the fact or act upon it or the spoken testimony of the witness being heard by the jury or tribunal.

(5) ”Process” means a writ or summons issued in the course of judicial proceedings.

(6) ”Registered mail”, for purposes of legal notification, means registered or certified mail.

(7) ”Testify” means every mode of oral statement under oath or affirmation.

(8) ”Writ” means an order in writing issued in the name of the state or of a court or judicial officer.