1-5-302: When execution may be proved by handwriting.
Where this section sits in the code
- TITLE 1. GENERAL LAWS AND DEFINITIONS
- CHAPTER 5. PROOF AND ACKNOWLEDGMENT OF INSTRUMENTS NOTARIES PUBLIC
- Part 3. Proof of Execution
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.
Collected 2026-09-14T04:42:33Z. Source file · JSON