New Jersey § 12a:3-308

Full text of New Jersey New Jersey Statutes § 12a:3-308, with citation guidance and answers to common questions.

§ 12a:3-308.

a. 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 deceased or incapacitated 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 a. of N.J.S.12A:3-402 . b. If the validity of signatures is admitted or proved and there is compliance with

subsection a. of this section, a plaintiff producing the instrument is entitled to

payment if the plaintiff proves entitlement to enforce the instrument under N.J.S.12A:3-301 , 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

the plaintiff has rights of a holder in due course which are not subject to the defense

or claim.

Frequently Asked Questions About New Jersey § 12a:3-308

What does New Jersey Statutes § 12a:3-308 cover?

Section 12a:3-308 is part of the New Jersey Statutes, the codified statutory law of New Jersey. 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 New Jersey § 12a:3-308?

A common citation format is "New Jersey Statutes § 12a:3-308" (New Jersey). 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 New Jersey law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.

How does New Jersey § 12a:3-308 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey 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 New Jersey.