South Dakota Codified Laws
Chapter 04 - Acknowledgment And Proof Of Instruments
Section 18-4-17 - Means of proving instrument not acknowledged.

18-4-17. Means of proving instrument not acknowledged.
Proof of the execution of an instrument, when not acknowledged, may be made either:
(1)By the party executing it, or either of them;
(2)By a subscribing witness; or
(3)By other witnesses, in cases mentioned in §§18-4-19 and 18-4-20, relating to proof of handwriting.

Source: CivC 1877, §662; CL 1887, §3283; RCivC 1903, §976; RC 1919, §582; SDC 1939, §51.1610.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 18 - Oaths and Acknowledgments

Chapter 04 - Acknowledgment And Proof Of Instruments

Section 18-4-1 - Officers authorized to take proof or acknowledgment within state.

Section 18-4-2 - Officers authorized to take proof or acknowledgment within circuit, county, or municipality.

Section 18-4-3 - Indian agents authorized to take acknowledgment or proof in Indian country--Recording of certificate of appointment.

Section 18-4-6 - Acknowledgment before commissioned officer of armed forces--Place of execution need not be shown.

Section 18-4-7 - Authentication of military certificate not required--Form of certificate attached.

Section 18-4-8 - Acknowledgments taken by military officers before 1943.

Section 18-4-9 - Uniformity of interpretation of military provisions.

Section 18-4-10 - Identity of person making acknowledgment to be known or proved to officer.

Section 18-4-11 - Certificate of officer taking acknowledgment to be attached.

Section 18-4-12 - Form of general certificate of acknowledgment.

Section 18-4-13 - Form of certificate of corporate acknowledgment.

Section 18-4-14 - Form of certificate of acknowledgment by attorney.

Section 18-4-15 - Form of certificate of acknowledgment by deputy sheriff.

Section 18-4-16 - Fees chargeable for acknowledgments--Violation as petty offense.

Section 18-4-17 - Means of proving instrument not acknowledged.

Section 18-4-18 - Proof of instrument by subscribing witness.

Section 18-4-19 - Circumstances permitting proof of instrument by handwriting.

Section 18-4-20 - Facts to be established for proof by handwriting.

Section 18-4-21 - Powers of officers authorized to take proof of instruments.

Section 18-4-22 - Contents of certificate of officer taking proof of instrument.

Section 18-4-23 - Authentication of certificates of acknowledgment or proof.

Section 18-4-24 - Clerk's certificate to accompany proof or acknowledgment taken by magistrate.

Section 18-4-25 - False certification of acknowledgment or proof as forgery.

Section 18-4-26 - Action in circuit court to prove instrument defectively certified--Judgment entitles instrument to record.

Section 18-4-27 - Prior instruments governed by prior law.

Section 18-4-28 - Validity of conveyances acknowledged or proved under prior law.

Section 18-4-29 - Form--Certificate of acknowledgement--Video communication technology.