1-5-303. Facts that must be shown when offering proof of handwriting. The evidence taken under 1-5-302 must satisfactorily prove to the officer the following facts:

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Terms Used In Montana Code 1-5-303

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201

(1)the existence of one or more of the conditions mentioned in 1-5-302;

(2)that the witness testifying knew the person whose name purports to be subscribed to the instrument as a party and is well acquainted with that person’s signature;

(3)that the witness testifying personally knew the person who subscribed the instrument as a witness and is well acquainted with that person’s signature;

(4)that the signature or signatures in question are genuine; and

(5)the place of residence of the witness.