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[Utah Code Table of Contents]
[TITLE 57. Table of Contents]
57-2-10 Proof of execution - How made.
The proof of the execution of any conveyance whereby real estate is conveyed or may be affected shall be:
(1) by the testimony of a subscribing witness, if there is one; or,
(2) when all the subscribing witnesses are dead, or cannot
be had, by evidence of the handwriting of the party, and
of a subscribing witness, if there is one, given by a credible
witness to each signature.
1953
57-2-11 Witness must be known or identified.
No proof by a subscribing witness shall be taken unless
such witness shall be personally known to the officer taking
the proof to be the person whose name is subscribed to the
conveyance as a witness thereto, or shall be proved to be
such by the oath or affirmation of a credible witness personally
known to such officer.
1953
57-2-12 Certificate of proof by subscribing witness.
No certificate of such proof shall be made unless such
subscribing witness shall prove that the person whose name
is subscribed thereto as a party is the person described
in, and who executed, the same; that such person executed
the conveyance, and that such person subscribed his name
thereto as a witness thereof at the request of the maker
of such instrument.
1953
57-2-13 Form for certificate of proof.
The certificate of proof shall be substantially in the following form, to wit:
State of Utah, County of ____
On this __________(month\day\year), before me personally
appeared ____, personally known to me (or satisfactorily
proved to me by the oath of ____, a competent and credible
witness for that purpose, by me duly sworn) to be the same
person whose name is subscribed to the above instrument as
a witness thereto, who, being by me duly sworn, deposed and
said that he resides in ____, county of ____, and state of
Utah; that he was present and saw ____, personally known
to him to be the signer of the above instrument as a party
thereto, sign and deliver the same, and heard him acknowledge
that he executed the same, and that he, the deponent, thereupon
signed his name as a subscribing witness thereto at the request
of said ____.
2000
57-2-14 Proof of handwriting.
No proof by evidence of the handwriting of a party, or
of the subscribing witness or witnesses, shall be taken unless
the officer taking the same shall be satisfied that all the
subscribing witnesses to such conveyance are dead, out of
the jurisdiction, or cannot be had to prove the execution
thereof.
1953
57-2-15 Evidence required for certificate of proof.
No certificate of any such proof shall be made unless
a competent and credible witness shall state on oath or affirmation
that he personally knew the person whose name is subscribed
thereto as a party, well knows his signature, stating his
means of knowledge, and believes the name of the party subscribed
thereto as a party was subscribed by such person; nor unless
a competent and credible witness shall in like manner state
that he personally knew the person whose name is subscribed
to such conveyance as a witness, well knows his signature,
stating his means of knowledge, and believes the name subscribed
thereto as a witness was thereto subscribed by such person.
1953
57-2-16 Subpoena to subscribing witness.
Upon the application of any grantee in any conveyance
required by law to be recorded, or of any person claiming
under such grantee, verified under the oath of the applicant,
that any witness to such conveyance residing in the county
where such application is made refuses to appear and testify
touching the execution thereof, and that such conveyance
cannot be proved without his evidence, any officer authorized
to take the acknowledgment or proof of such conveyance may
issue a subpoena requiring such witness to appear before
such officer and testify touching the execution thereof.
1953
57-2-17 Disobedience of subpoenaed witness - Contempt - Proof aliunde.
Every person who, being served with a subpoena, shall
without reasonable cause refuse or neglect to appear, or,
appearing, shall refuse to answer upon oath touching the
matters aforesaid, shall be liable to the party injured for
such damages as may be sustained by him on account of such
neglect or refusal, and may also be dealt with for contempt
as provided by law; but no person shall be required to attend
who resides out of the county in which the proof is to be
taken, nor unless his reasonable expenses shall have first
been tendered to him; provided, that if it shall appear to
the satisfaction of the officer so authorized to take such
acknowledgment that such subscribing witness purposely conceals
himself, or keeps out of the way, so that he cannot be served
with a subpoena or taken on attachment after the use of due
diligence to that end, or in case of his continued failure
or refusal to testify for the space of one hour after his
appearance shall have been compelled by process, then said
conveyance or other instrument may be proved and admitted
to record in the same manner as if such subscribing witness
thereto were dead.
1953
