The $25 Copy and the Missing Jurat
David is asked by a neighbor to notarize two documents. The first is a one-page affidavit already signed by the neighbor. The certificate reads: “Sworn to and subscribed before me on this 5th day of June, 2025. /s/ David Chen, Notary Public.” It has no state, county, or commission expiration, and David did not see the neighbor sign or hear an oath. The second is a photocopy of the neighbor’s Idaho birth certificate; the neighbor wants David to “certify it is a true copy” and offers $25 for both acts. David’s usual fee is $10 per notarial act. He wants to know whether he can complete the affidavit using the existing certificate, certify the birth certificate, and keep the $25.
1. What is wrong with the affidavit certificate, and what must David do before completing it?
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The certificate is being used as a jurat, but David did not administer an oath or affirmation and did not see the signer subscribe the affidavit. A jurat certifies that the signer appeared before the notary, signed in the notary’s presence, and was sworn or affirmed. The certificate also lacks the required venue information, such as “State of Idaho, County of ______,” and should include the notary’s signature, seal, and commission expiration with the date. David cannot simply sign the existing certificate. He must have the signer appear again, sign the affidavit in his presence, and take the oath or affirmation. Then David may complete a proper jurat certificate with the venue, date, his signature, and a compliant seal.
2. Can David certify the photocopy of the birth certificate?
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No. A notary should not certify a copy of a birth certificate or other vital record. Certified copies of vital records must come from the issuing vital-records agency. Even where Idaho law allows a notary to certify copies of some ordinary documents, that authority does not extend to public records or vital records that are specifically controlled by another office. David should decline that part of the request and tell the neighbor to request a certified copy from the Idaho Bureau of Vital Records and Health Statistics or the appropriate county office.
3. How much may David charge for the work he can lawfully perform?
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Idaho limits a notary’s fee for a notarial act to $10. David may charge up to $10 for the properly completed affidavit jurat. He may not charge $25 for the package, and he may not charge a fee for the birth-certificate copy because he cannot perform that act. If he performs more than one lawful notarial act, he may charge the statutory maximum for each act, but he should itemize the charges. He should also avoid implying that the $10 fee buys legal advice; the fee is only for the notarial act.