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This article examines M.R.E. 801(d)(1)(C) and begins by looking at Montana case law before the rule was adopted and after it was adopted. The article follows with a look at the plethora of federal cases interpreting 801(d)(1)(C). The article points out that although Montana's version of 801(d)(1)(C) mirrors the same rule in the F.R.E, it doesn't seem that the Montana rule is used very often in reported cases. The author concludes that the rule is a good tool to escape from a hearsay objection and thereby avoid a protracted excursion into the numerous hearsay exceptions. Further, the rule applies in both civil and criminal cases, to both sides in any case, making it a rule worth trying more often in Montana.
Ford, Cynthia, "In-Court Identifications Not Hearsay, Are Admissible" (2013). Faculty Journal Articles & Other Writings. 64.