{"data":{"id":"us-ca/civ-1198","jurisdiction":"us-ca","citation":"CIV § 1198","heading":"","body":"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:\n1. When the parties and all the subscribing witnesses are dead; or,\n2. When the parties and all the subscribing witnesses are non-residents of the State; or,\n3. 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,\n4. 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,\n5. In case of the continued failure or refusal of the witness to testify, for the space of one hour, after his appearance.","path":["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.]"],"source_url":"https://downloads.leginfo.legislature.ca.gov/pubinfo_2025.zip","current_through":"2026-09-13","vintage":"","retrieved_at":"2026-09-14T05:56:33Z","sha256":"41cfbb7d86ff4150ec2ab35da830cf81eace1d0382c6beaab7611e39681542e3","source_id":"us-ca","stale":false,"prev":"us-ca/civ-1197","next":"us-ca/civ-1199"},"notice":"GroundRules: Original legal text. Not legal advice."}