Nevada § 104.3308 - Proof of signatures and status as holder in due course

§ 104.3308. Proof of signatures and status as holder in due course

1. In an action with respect to an instrument, the authenticity of, and authority

to make, each signature on the instrument is admitted unless specifically denied in

the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing

validity is on the person claiming validity, but the signature is presumed to be authentic

and authorized unless the action is to enforce the liability of the purported signer

and the signer is dead or incompetent at the time of trial of the issue of validity

of the signature. If an action to enforce the instrument is brought against a person as the undisclosed

principal of a person who signed the instrument as a party to the instrument, the

plaintiff has the burden of establishing that the defendant is liable on the instrument

as a represented person under subsection 1 of NRS 104.3402 . 2. If the validity of signatures is admitted or proved and there is compliance with

subsection 1, a plaintiff producing the instrument is entitled to payment if the plaintiff

proves entitlement to enforce the instrument under NRS 104.3301 , unless the defendant proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff

is subject to the defense or claim, except to the extent the plaintiff proves that

he or she has rights of a holder in due course which are not subject to the defense

or claim.