Proof of execution: alternative evidence is admissible when an attesting witness denies or cannot recollect signing. Proof of execution when an attesting witness denies or cannot recall signing permits execution to be proved by other evidence, allowing the party asserting execution to adduce competent, relevant substitute materials or testimony where the attesting witness is unavailable, unhelpful, or disclaims recollection.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Proof of execution: alternative evidence is admissible when an attesting witness denies or cannot recollect signing.
Proof of execution when an attesting witness denies or cannot recall signing permits execution to be proved by other evidence, allowing the party asserting execution to adduce competent, relevant substitute materials or testimony where the attesting witness is unavailable, unhelpful, or disclaims recollection.
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