N.D. Cent. Code § 47-19-23
47-19-23. Proof by handwriting - When received - Requirements
47-19-23. Proof by handwriting - When received - Requirements
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 is concealed, or cannot be found by the officer by the
exercise of due diligence in attempting to serve a 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 the witness's appearance.