{"data":{"id":"us-mt/1-5-302","jurisdiction":"us-mt","citation":"1-5-302","heading":"When execution may be proved by handwriting.","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:\n(1) when the parties and all the subscribing witnesses are dead;\n(2) when the parties and all the subscribing witnesses are nonresidents of the state;\n(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;\n(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\n(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.","path":["TITLE 1. GENERAL LAWS AND DEFINITIONS","CHAPTER 5. PROOF AND ACKNOWLEDGMENT OF INSTRUMENTS NOTARIES PUBLIC","Part 3. Proof of Execution"],"source_url":"https://mca.legmt.gov/bills/mca/title_0010/chapter_0050/part_0030/section_0020/0010-0050-0030-0020.html","current_through":"Montana Code Annotated 2025","vintage":"","retrieved_at":"2026-09-14T04:42:33Z","sha256":"b4b7fa6a931fe03bb0e6457a6f656b2e5429725185d26bbf7eddbf8ae5ef6ff3","source_id":"us-mt","stale":false,"prev":"us-mt/1-5-301","next":"us-mt/1-5-303"},"notice":"GroundRules: Original legal text. Not legal advice."}