Montana § 1-5-302 When Execution May Be Proved By Handwriting

Montana Statutes

§ 1-5-302 — When Execution May Be Proved By Handwriting

Montana § 1-5-302

Title 1GENERAL LAWS AND DEFINITIONS

Ch. 5PROOF AND ACKNOWLEDGMENT OF INSTRUMENTS NOTARIES PUBLIC

Part 3Proof of Execution

This text of Montana § 1-5-302 (When Execution May Be Proved By Handwriting) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 1-5-302 (2026).

Text

1-5-302 . When execution may be proved by handwriting. 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.

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1-5-302 . When execution may be proved by handwriting. 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.

Legislative History

En. Sec. 1618, Civ. C. 1895; re-en. Sec. 4672, Rev. C. 1907; re-en. Sec. 6923, R.C.M. 1921; Cal. Civ. Sec. 1198; re-en. Sec. 6923, R.C.M. 1935; R.C.M. 1947, 39-120; amd. Sec. 25, Ch. 61, L. 2007.

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