Idaho Code

Idaho Code § 9-409 (2026)

Acknowledgment of private writings. 

✓ current as of May 2026
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Acknowledgment of private writings. 

Every private writing, except last wills and testaments, may be acknowledged or proved and certified in the manner provided for the acknowledgment or proof of conveyances of real property, and the certificate of such acknowledgment or proof is prima facie evidence of the execution of the writing, in the same manner as if it were a conveyance of real property.

Notes of Decisions
Cited in 3 cases, 1985–1995 · leading case: In Re Srba Case No. 39576, 912 P.2d 614 (Idaho 1995).
In Re Srba Case No. 39576, 912 P.2d 614 (Idaho 1995). · cites it 2× “, the certificate of an acknowledgment as prima facie proof of execution of a writing under Idaho Code § 9-409 . Where the statute creating the presumption expressly provides the force that the presumption shall carry, e.”
Hunt v. Hunt, 718 P.2d 560 (Idaho Ct. App. 1985). · cites it 2× “One would think that the legislature had in mind in requiring execution and acknowledgement a statutory provision with over a century of whiskers, I.C. § 9-409. It provides: Acknowledgement of private writings.”
State ex rel. Higginson v. United States, 912 P.2d 614 (Idaho 1995). · cites it 2× “, the certificate of an acknowledgment as prima facie proof of execution of a writing under Idaho Code § 9-409 . Where the statute creating the presumption expressly provides the force that the presumption shall carry, e.”
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