Mont. Code Ann. § 17-8-409 – Burden of proof -- effect of criminal conviction | Midpage
§ 17-8-409
Mont. Code Ann. § 17-8-409
Burden of proof -- effect of criminal conviction
En. Sec. 9, Ch. 465, L. 2005.
(1) The plaintiff in an action under 17-8-405 or 17-8-406 shall prove each essential element of the cause of action, including damages, by a preponderance of the evidence.
(2) A person convicted of or who pleaded guilty or nolo contendere to a criminal offense may not deny the essential elements of the offense in an action under 17-8-405 or 17-8-406 that involves the same event or events as the criminal proceeding.