Mont. Code Ann. » TITLE 46. CRIMINAL PROCEDURE · CHAPTER 16. TRIAL · Part 2. Rules of Evidence for Criminal Cases
Montana Code Annotated

Mont. Code Ann. § 46-16-211 (2026)

Who Are Competent Witnesses

✓ current as of May 2026
Find cases: SyfertCases citing this section MT-LEGleg.mt.gov JustiaTitle on Justia CornellLII Search CasesGoogle Scholar
  1. MCA Contents
  2. TITLE 46
  3. CHAPTER 16
  4. Part 2
  5. 46-16-211 Who are competent witnesses

TITLE 46. CRIMINAL PROCEDURE

CHAPTER 16. TRIAL

Part 2. Rules of Evidence for Criminal Cases

Who Are Competent Witnesses

46-16-211. Who are competent witnesses. The rules for determining the competency of witnesses in civil actions are applicable also to criminal actions and proceedings, except as otherwise provided in this code.

History: En. Sec. 2440, Pen. C. 1895; re-en. Sec. 9482, Rev. C. 1907; re-en. Sec. 12175, R.C.M. 1921; Cal. Pen. C. Sec. 1321; re-en. Sec. 12175, R.C.M. 1935; Sec. 94-8801, R.C.M. 1947; redes. 95-3010 by Sec. 29, Ch. 513, L. 1973; R.C.M. 1947, 95-3010.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1990–2025 · leading case: State v. Van Dyken, 791 P.2d 1350 (Mont. 1990).
Sort: Relevance Newest Treatment
State v. Van Dyken, 791 P.2d 1350 (Mont. 1990). · cites it 2× “, *435 and § 46-16-211, MCA. The trial judge determines the witness’ competency and the party asserting incompetency has the burden of proving it.”
State v. R. Brady, 2025 MT 105 (Mont. 2025). · cites it 2× “” Because the plea agreement was a § 46-16-211(1)(b), MCA, binding agreement, the court allowed Brady an opportunity to withdraw his guilty plea pursuant to § 46-12-211(4), MCA.”
Mont. Code Ann. § 46-16-211(1)(b): 1 case
State v. R. Brady, 2025 MT 105 (Mont. 2025). “” Because the plea agreement was a § 46-16-211(1)(b), MCA, binding agreement, the court allowed Brady an opportunity to withdraw his guilty plea pursuant to § 46-12-211(4), MCA.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.