1. MCA Contents
  2. TITLE 26
  3. CHAPTER 2
  4. Part 3
  5. 26-2-302 Witness required to answer questions

TITLE 26. EVIDENCE

CHAPTER 2. SUBPOENAS AND WITNESSES

Part 3. Duties of Witnesses

Witness Required To Answer Questions

26-2-302. Witness required to answer questions. A witness shall answer questions legal and pertinent to the matter in issue though the answer may establish a claim against the witness. However, the witness is not required to give an answer that will have a tendency to subject the witness to punishment for a felony or to give an answer that will have a direct tendency to degrade the witness's character unless the answer is to the very fact in issue or to a fact from which the fact in issue would be presumed.

History: En. Sec. 328, p. 112, Bannack Stat.; re-en. Sec. 386, p. 213, L. 1867; re-en. Sec. 460, p. 128, Cod. Stat. 1871; re-en. Sec. 639, p. 206, L. 1877; re-en. Sec. 639, 1st Div. Rev. Stat. 1879; re-en. Sec. 660, 1st Div. Comp. Stat. 1887; amd. Sec. 3401, C. Civ. Proc. 1895; re-en. Sec. 8030, Rev. C. 1907; re-en. Sec. 10674, R.C.M. 1921; Cal. C. Civ. Proc. Sec. 2065; re-en. Sec. 10674, R.C.M 1935; R.C.M. 1947, 93-2101-2; amd. Sec. 18, Ch. 72, L. 1983; amd. Sec. 551, Ch. 56, L. 2009.