Montana Code 40-5-921. Certification of records
40-5-921. Certification of records. (1) Copies, including optically scanned copies, of support payment records, abstracts, and any supporting documents maintained by the case registry and payment processing unit, when certified by a designated employee of the department, must, without further proof or foundation, be admitted into evidence in any legal proceedings.
Terms Used In Montana Code 40-5-921
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Department: means the department of public health and human services provided for in 2-15-2201. See Montana Code 40-5-901
- Employee: means a person 18 years of age or older who performs labor in this state for an employer in this state for compensation and for whom the employer withholds federal or state tax liabilities from the employee's compensation. See Montana Code 40-5-901
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
(2)Support payment records for a case maintained in the case registry and payment processing unit constitute prima facie evidence of the amount of support paid and arrearages that have accrued since the department began to process and monitor support payments through the unit.
(3)Copies of judicial orders and other documents on file with a clerk of court, when transmitted to the department by the clerk by facsimile or other electronic means, are rebuttably presumed to be true and correct copies of the original documents and may be offered into evidence, without authentication or verification, in a department proceeding under this part. A person contesting the authenticity of the document may rebut the presumption with a certified copy of the original document.