104.8114 - Evidentiary rules concerning certificated securities. - Nevada Statutes

104.8114  Evidentiary rules concerning certificated securities.  The following rules apply in an action on a certificated security against an 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 he or she or some person under whom he or she claims is a person against whom the defense or defect cannot be asserted.

      (Added to NRS by 1965, 877; A 1985, 88; 1997, 389)