District Of Columbia § 28:8-114 - Evidentiary rules concerning certificated securities.
Full text of District Of Columbia D.C. Code § 28:8-114 — Evidentiary rules concerning certificated securities., with citation guidance and answers to common questions.
§ 28:8-114. Evidentiary rules concerning certificated securities.
28:8-114The following rules apply in an action on a certificated security against the issuer:
Unless specifically denied in the pleadings, each signature on a security certificate or in a necessary indorsement is admitted.
If the effectiveness of a signature is put in issue, the burden of establishing effectiveness is on the party claiming under the signature, but the signature is presumed to be genuine or authorized.
If signatures on a security certificate are admitted or established, production of the certificate entitles a holder to recover on it unless the defendant establishes a defense or a defect going to the validity of the security.
If it is shown that a defense or defect exists, the plaintiff has the burden of establishing that the plaintiff or some person under whom the plaintiff claims is a person against whom the defense or defect cannot be asserted.
Annotations
“Security certificate”. Section 8-102(a)(16).
“Security”. Section 8-102(a)(15).
“Presumed”. Section 1-201(31).
“Issuer”. Section 8-201.
“Indorsement”. Section 8-102(a)(11).
“Certificated security”. Section 8-102(a)(4).
“Burden of establishing”. Section 1-201(8).
“Action”. Section 1-201(1).
This section adapts the rules of negotiable instruments law concerning procedure in actions on instruments, see Section 3-308, to actions on certificated securities governed by this Article. An “action on a security” includes any action or proceeding brought against the issuer to enforce a right or interest that is part of the security, such as an action to collect principal or interest or a dividend, or to establish a right to vote or to receive a new security under an exchange offer or plan of reorganization. This section applies only to certificated securities; actions on uncertificated securities are governed by general evidentiary principles.
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 28:8-114
What does D.C. Code § 28:8-114 cover?
Section 28:8-114 ("Evidentiary rules concerning certificated securities.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 28:8-114?
A common citation format is "D.C. Code § 28:8-114" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 28:8-114 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.