Prior Statements in Montana: Part II

This article is part two of a two-part series on prior statements in Montana. This article examines prior consistent statements under M.R.E.. 801(d)(1)(B) and how the language of the rule is unclear and confusing, especially compared to the federal version. As a result, Montana has a myriad of case law attempting to apply the Montana rule on prior consistent statements. The article first provides background to the establishment of the rule about prior consistent statements. Next the article discusses both federal and Montana trigger cases and compares Montana\u27s approach with that of the federal courts. The article then offers suggestions as to how Montana should enforce the rule on prior consistent statements, concluding that the easiest way to clean up this troublesome area of Montana evidence law is to change the language of the rule itself so that it conforms exactly with the current version of the F.R.E. 801(d)(1)(B)

Santa Baby, Just Slip a Sable under the Tree for Me: Or at Least a Catchall Exception to the Hearsay Rule?

This article examines Montana\u27s two rule-based catchall or residual hearsay exceptions, and a statutory exception that applies only to child declarants in criminal cases

Rule 11 Gets Moderate Exercise in Montana: Part II

This article provides the results of an informal survey of active practicing lawyers in Montana that the author conducted to gather additional information about the actual operation of Rule 11 in Montana and to sample the perceptions of the bar about the use of Rule 11 and its effect on the practice of law in Montana

Tender Is the Night: Should Your Expert Be?

This article discusses the practice of tendering an expert for acceptance or certification by the court at trial in the presence of the jury. The article considers Tennessee and Montana state and federal evidence law. The author suggests that Montana courts and lawyers should comply with the A.B.A. Updated Civil Trial Standard 14 and let juries assess the testimony of a Rule 702 witness without a special designation accorded by the judge certifying a witness as an expert in his or her field