§ 4-3-505 — Evidence of dishonor

(a) The following are admissible as evidence
and create a presumption of dishonor and of any notice of dishonor stated:

(1) A document regular in form as provided in subsection (b) of this section
which purports to be a protest;

(2) A purported stamp or writing of the drawee, payor bank, or presenting
bank on or accompanying the instrument stating that acceptance or payment has
been refused unless reasons for the refusal are stated and the reasons are not
consistent with dishonor;

(3) A book or record of the drawee, payor bank, or collecting bank, kept in
the usual course of business which shows dishonor, even if there is no evidence of
who made the entry.

(b) A protest is a certificate of dishonor made by a United States consul or
vice consul, or a notary public or other person authorized to administer oaths by the
law of the place where dishonor occurs. It may be made upon information
satisfactory to that person. The protest must identify the instrument and certify
either that presentment has been made or, if not made, the reason why it was not
made, and that the instrument has been dishonored by nonacceptance or
nonpayment. The protest may also certify that notice of dishonor has been given to
some or all parties.

Legislative History

Source: L. 94: Entire article R&RE, p. 876, � 1, effective January 1, 1995.