Alabama § 12-21-62 Subscribing Witnesses - Proof of Execution When Dead, Etc

Alabama Statutes

§ 12-21-62 — Subscribing Witnesses - Proof of Execution When Dead, Etc

Alabama § 12-21-62

JurisdictionAlabama

Title 12Courts

Ch. 21Evidence and Witnesses

Art. 1General Provisions

Div. 1Evidence

This text of Alabama § 12-21-62 (Subscribing Witnesses - Proof of Execution When Dead, Etc) is published on Counsel Stack Legal Research, covering Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ala. Code § 12-21-62 (2026).

Text

Whenever the subscribing witnesses to an instrument in writing are dead, insane, incompetent or are without the state or their residence is unknown or, being produced, they do not recollect the transaction, then proof of the actual signing by, or of the handwriting of, the alleged maker or subscribing witness shall be received as primary evidence of the fact of execution; and, if such evidence is not attainable, the court may admit evidence of the handwriting of the subscribing witnesses or other secondary evidence to establish such fact of execution.

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Whenever the subscribing witnesses to an instrument in writing are dead, insane, incompetent or are without the state or their residence is unknown or, being produced, they do not recollect the transaction, then proof of the actual signing by, or of the handwriting of, the alleged maker or subscribing witness shall be received as primary evidence of the fact of execution; and, if such evidence is not attainable, the court may admit evidence of the handwriting of the subscribing witnesses or other secondary evidence to establish such fact of execution.