1-5-302. When execution may be proved by handwriting.
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/mt/title-1/chapter-5/part-3/1-5-302·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1-5-302 . When execution may be proved by handwriting. The execution of an instrument may be established by proof of the handwriting of the party and of a subscribing witness, if there is one, in the following cases:
(1)when the parties and all the subscribing witnesses are dead;
(2)when the parties and all the subscribing witnesses are nonresidents of the state;
(3)when the place of their residence is unknown to the party desiring the proof and cannot be ascertained by the exercise of due diligence;
(4)when the subscribing witness hides or cannot be found by the officer by the exercise of due diligence in attempting to serve the subpoena or attachment; or
(5)in case of the continued failure or refusal of the witness to testify for the period of 1 hour after the witness's appearance.