Whenever the subscribing witnesses to an instrument in writing are dead, insane, incompetent or are without the state or their residence is unknown or, being produced, they do not recollect the transaction, then proof of the actual signing by, or of the handwriting of, the alleged maker or subscribing witness shall be received as primary evidence of the fact of execution; and, if such evidence is not attainable, the court may admit evidence of the handwriting of the subscribing witnesses or other secondary evidence to establish such fact of execution.
Structure Code of Alabama
Chapter 21 - Evidence and Witnesses.
Article 1 - General Provisions.
Division 3 - Authentication of Documents, Proof of Facts, Etc.
Section 12-21-60 - Proof of Written Instrument's Execution by Maker.
Section 12-21-61 - Subscribing Witnesses - When Must Be Produced.
Section 12-21-62 - Subscribing Witnesses - Proof of Execution When Dead, Etc.
Section 12-21-63 - Accounting for Alteration in Writing Introduced as Genuine.
Section 12-21-64 - Proof of Laws of Foreign Countries.
Section 12-21-65 - Proof of Unwritten or Common Law of Other States and Territories.
Section 12-21-66 - Proof of Land Office Deeds or Written Instruments for Conveyance or Sale of Land.
Section 12-21-67 - Proof of Exemplifications or Copies of Records, etc., Kept in Public Office.
Section 12-21-68 - Proof of Publication of Notice.
Section 12-21-69 - Proof of Posting of Notice.
Section 12-21-72 - Authentication of Paper or Document by Bureau or Department Head.
Section 12-21-73 - Additional or Alternative Mode of Proof of Certain Official Documents.