1-1-203. Terms relating to instruments and other writings. Unless the context requires otherwise, the following definitions apply in the Montana Code Annotated:

Terms Used In Montana Code 1-1-203

  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
  • Process: means a writ or summons issued in the course of judicial proceedings. See Montana Code 1-1-202

(1) ”Affidavit” means a sworn written declaration made before an officer authorized to administer oaths or an unsworn written declaration made under penalty of perjury as provided in 1-6-105.

(2) ”Execution” of an instrument means subscribing and delivering it, with or without affixing a seal.

(3) ”Folio”, when used as a measure for computing fees, means 100 words, counting every two letters or numbers necessarily used as a word. Any portion of a folio, when in the whole paper there is not a complete folio and when there is an excess over the last folio exceeding one-half, may be computed as a folio.

(4) ”Printing” means the act of reproducing a design on a surface by any process.

(5) ”Signature” or “subscription” includes the mark of a person who cannot write if the person’s name is written near the mark by another person who also signs that person’s own name as a witness.

(6) ”Subscribing witness” means a person who sees a writing executed or hears it acknowledged and at the request of the party signs the person’s name as a witness.

(7) ”Writing” includes printing.