South Dakota § 18-4-19 Circumstances permitting proof of instrument by handwriting.

South Dakota Statutes

§ 18-4-19 — Circumstances permitting proof of instrument by handwriting.

South Dakota·Title 18 OATHS AND ACKNOWLEDGMENTS·Ch. 18-3 ACKNOWLEDGMENT AND PROOF OF INSTRUMENTS

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 conceals himself 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 space of one hour after his appearance.

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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 conceals himself 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 space of one hour after his appearance.

South Dakota § 18-4-19 (Circumstances permitting proof of instrument by handwriting.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.