The Journal Request After the Fact
A Connecticut notary, Tomas, keeps a notarial journal recording each act: date, type of act, signer name, and identification presented. Six months after notarizing a contractor's lien waiver, Tomas receives a subpoena in a construction dispute demanding his journal entries for that act. Tomas is also asked by the contractor's lawyer to 'certify' that the signature was valid and that the signer seemed competent. Tomas remembers the signer appeared sober and cooperative but has no notes on competence.
1. How should Tomas handle the subpoena for his journal?
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Tomas should respond to the subpoena as required by law-producing the journal entries or a copy as the subpoena demands, while following any lawful process for protecting unrelated entries. A notarial journal is a record of notarial acts, and a notary generally must produce it when legally compelled. He should not alter, remove, or destroy entries, and he should not volunteer entries beyond what is requested without legal guidance.
He should consult counsel if the subpoena is unclear, but he cannot ignore it or 'clean up' the journal.
2. Can Tomas certify that the signer was competent and that the signature was valid?
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No. A notary's role is limited to identifying the signer, witnessing the signature or administering an oath, and completing the certificate. A notary does not certify the legal validity of the underlying document or the signer's overall competence or capacity to contract. Tomas can truthfully attest only to what he personally observed and did-for example, that the signer appeared before him, presented ID, and signed.
He should decline to issue a 'validity' or 'competence' certification beyond the standard notarial certificate. If asked to testify, he should state only his firsthand observations and note that he made no competence assessment.