Montana Code 1-5-302. When execution may be proved by handwriting
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:
Terms Used In Montana Code 1-5-302
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- Subpoena: A command to a witness to appear and give testimony.
- Subscribing witness: means a person who sees a writing executed or hears it acknowledged and at the request of the party signs the person's name as a witness. See Montana Code 1-1-203
(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.