GroundRules
CIV § 1198
Where this section sits in the code
- Civil Code - CIV
- DIVISION 2. PROPERTY [654. - 1422.]
- PART 4. ACQUISITION OF PROPERTY [1000. - 1422.]
- TITLE 4. TRANSFER [1039. - 1231.]
- CHAPTER 4. Recording Transfers [1169. - 1220.]
- ARTICLE 3. Proof and Acknowledgment of Instruments [1180. - 1207.]
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; or,
2. When the parties and all the subscribing witnesses are non-residents of the State; or,
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; or,
4. When the subscribing witness conceals himself, 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 space of one hour, after his appearance.
Collected 2026-09-14T05:56:33Z. Source file · JSON