78B-5-617 - Writings bearing obvious alterations -- Explanation required.
78B-5-617. Writings bearing obvious alterations -- Explanation required.
(1) The party producing as genuine a writing which has been altered, or appears to havebeen altered after its execution in a part material to the question in dispute must account for theappearance of alteration.
(2) The party may show that the alteration:
(a) was made by another without the party's concurrence;
(b) was made with the consent of the parties affected by it;
(c) was otherwise properly or innocently made; or
(d) does not change the meaning or language of the instrument.
(3) An altered writing that a party cannot adequately explain under Subsection (2) is notadmissible.
Renumbered and Amended by Chapter 3, 2008 General Session