North Dakota Code 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:
Terms Used In North Dakota Code 47-19-23
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- Subpoena: A command to a witness to appear and give testimony.
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.