Montana § 1-5-302 - When Execution May Be Proved By Handwriting
Full text of Montana Montana Code Annotated § 1-5-302 — When Execution May Be Proved By Handwriting, with citation guidance and answers to common questions.
§ 1-5-302. When Execution May Be Proved By Handwriting
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: (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.
Source: official Montana text · Last verified 2026-08-27
Frequently Asked Questions About Montana § 1-5-302
What does Montana Code Annotated § 1-5-302 cover?
Section 1-5-302 ("When Execution May Be Proved By Handwriting") is part of the Montana Code Annotated, the codified statutory law of Montana. 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 Montana § 1-5-302?
A common citation format is "Montana Code Annotated § 1-5-302" (Montana). 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 Montana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Montana official source linked on this page or consult a licensed Montana attorney.
How does Montana § 1-5-302 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Montana 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 Montana.