78B-5-617. Writings bearing obvious alterations -- Explanation required.
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78B-5-617. Writings bearing obvious alterations -- Explanation required.
(1)The party producing as genuine a writing which has been altered, or appears to have been altered after its execution in a part material to the question in dispute must account for the appearance of alteration.
(2)The party may show that the alteration:
(a)was made by another without the party's concurrence;
(b)was made with the consent of the parties affected by it;
(c)was otherwise properly or innocently made; or
(d)does not change the meaning or language of the instrument.
(3)An altered writing that a party cannot adequately explain under Subsection
(2)is not admissible.
Renumbered and Amended by Chapter 3 , 2008 General Session