Section 45.08.114. Evidentiary rules concerning certificated securities.

The following rules apply in an action on a certificated security against the issuer:
        (1) unless specifically denied in the pleadings, each signature on a security certificate or in a necessary endorsement is admitted;
        (2) if the effectiveness of a signature is put in issue, the burden of establishing effectiveness is on the party claiming under the signature, but the signature is presumed to be genuine or authorized;
        (3) if signatures on a security certificate are admitted or established, production of the certificate entitles a holder to recover on it unless the defendant establishes a defense or a defect going to the validity of the security;
        (4) if it is shown that a defense or defect exists, the plaintiff has the burden of establishing that the plaintiff or some person under whom the plaintiff claims is a person against whom the defense or defect cannot be asserted.

Notes

History

(Sec. 12 ch 17 SLA 1996)