N.D. Cent. Code § 47-19-23

Current through 2024 Legislative Session

Section 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.

N.D.C.C. § 47-19-23