Mont. Code Ann. § 1-5-302

When execution may be proved by handwriting

Last amended: 2007Year: 2026Length: 140 wordsOfficial source
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.
Mont. Code Ann. § 1-5-302: When execution may be proved by handwriting | Justis AI