Statute · California Civil Code

Cal. Civ. Code § 1198 — Proof and Acknowledgment of Instruments

Cal. Civ. Code § 1198

Type: Statute
Source: California Civil Code
Jurisdiction: California
Current through: Nov 2, 2026 (California Legislative Counsel)

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:

Citator

Cal. Civ. Code § 1198 — Proof and Acknowledgment of Instruments is in force in the current edition of the Code, and nothing recorded condemns it.

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; or,

2. When the parties and all the subscribing witnesses are non-residents of the State; or,

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; or,

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.