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1947 superseded abuse its discretion accident action acts Admissibility of evidence affidavit alleged allowed ALR 2d ALR 4th appeal apply attorney attorney-client privilege character evidence charged child claim Collateral References Commission Comments contended conviction counsel credibility crime criminal cross-examination damages defendant defendant's denied determine District Court establish exception existing Montana law expert testimony fact Federal and Uniform Federal Rule followed in St Harmless Error hearsay rule identical to Federal impeachment inadmissible injury intercourse without consent issue judgment judicial notice juror jury instruction Mont Montana Supreme Court motion in limine negligence objection opinion party person plaintiff prejudicial effect presumed presumption prior inconsistent statement privilege probative value properly admitted prosecution prove provides question rebuttal record relevant res judicata reversible error Rules of Evidence Section sexual intercourse state's statute subdivision subsection Supreme Court held testify trial court Uniform Rules 1974 verdict victim Wigmore