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HRS §490:3-308

Proving signatures and who can enforce a payment promise

In a lawsuit about a payment promise, signatures are accepted as real unless someone denies them in court papers. If denied, the person claiming the signature is real must prove it, but the law presumes it is real unless the signer is dead or unable to make decisions. The person holding the paper must prove they have the right to collect, unless the other side shows a valid defense.

courtscreditorsdebtors

The statute, as written — Proof of signatures and status as holder in due course

(a) In an action with respect to an instrument, the authenticity of, and authority to make, each signature on the instrument is admitted unless specifically denied in the pleadings. If the validity of a signature is denied in the pleadings, the burden of establishing validity is on the person claiming validity, but the signature is presumed to be authentic and authorized unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of trial of the issue of validity of the signature. If an action to enforce the instrument is brought against a person as the undisclosed principal of a person who signed the instrument as a party to the instrument, the plaintiff has the burden of establishing that the defendant is liable on the instrument as a represented person under section 490:3-402(a). (b) If the validity of signatures is admitted or proved and there is compliance with subsection (a), a plaintiff producing the instrument is entitled to payment if the plaintiff proves entitlement to enforce the instrument under section 490:3-301, unless the defendant proves a defense or claim in recoupment. If a defense or claim in recoupment is proved, the right to payment of the plaintiff is subject to the defense or claim, except to the extent the plaintiff proves that the plaintiff has rights of a holder in due course which are not subject to the defense or claim.
Read the official text at capitol.hawaii.gov ↗as published Jan 6, 2026our copy taken Aug 20, 2026

Sections this one refers to

§490:3-301 Who Can Enforce a Negotiable Instrument

§490:3-402 When a representative signs a document, who is responsible

LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.