South Dakota § 18-4-19 - Circumstances permitting proof of instrument by handwriting.
Full text of South Dakota South Dakota Codified Laws § 18-4-19 — Circumstances permitting proof of instrument by handwriting., with citation guidance and answers to common questions.
§ 18-4-19. Circumstances permitting proof of instrument 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 conceals himself 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 space of one hour after his appearance.
Source: CivC 1877, § 663; CL 1887, § 3285; RCivC 1903, § 978; RC 1919, § 584; SDC 1939, § 51.1612.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 18-4-19
What does South Dakota Codified Laws § 18-4-19 cover?
Section 18-4-19 ("Circumstances permitting proof of instrument by handwriting.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. 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 South Dakota § 18-4-19?
A common citation format is "South Dakota Codified Laws § 18-4-19" (South Dakota). 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 South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 18-4-19 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota 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 South Dakota.