The Batch of Affidavits
A paralegal delivers a folder of 12 affidavits to notary Denise. Each affidavit was signed yesterday at the law office by the affiant. None was signed in Denise's presence. The paralegal asks Denise to "notarize them all today but date them yesterday" because the pleading deadline is today. Denise personally knows Affiant #1, has known her for 20 years, and has seen her signature many times. The other 11 are strangers. One stranger's driver's license expired last month but the person has a current passport card. Another stranger is in Houston and offers to appear by FaceTime. A third stranger signed with a mark and has no identification. Denise's commission is active, and she has never been disciplined.
1. Which of the 12 affidavits may Denise notarize today, and what must happen before she notarizes any of them?
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Denise may notarize only affidavits for affiants who appear before her today, are identified to her satisfaction, and swear or affirm the truth of the statement in her presence. A jurat is not a rubber stamp on an earlier signature; the notary certifies that the affiant appeared, was sworn, and subscribed the affidavit before the notary.
For the 11 strangers, the affiants must appear. If they cannot appear today, Denise cannot notarize those affidavits. She should not accept the paralegal's assurance that the signatures are genuine.
For Affiant #1, personal knowledge can satisfy identification, but it does not eliminate the appearance requirement. Affiant #1 still must appear, be sworn, and sign or re-sign in Denise's presence. Denise's long acquaintance with her signature is relevant to identity, not to whether the affiant appeared for the oath.
2. How should Denise handle the expired driver's license, the passport card, the FaceTime request, and the mark-signer with no ID?
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The expired driver's license is not reliable current identification by itself. The current passport card is a government-issued photo ID and is generally acceptable; Denise should examine it, compare the photo and name, and record the method used. She should not treat the expired license as sufficient merely because the person is otherwise known to the office staff.
FaceTime is not ordinary notarization. A traditional Louisiana notary may not notarize by a casual video call. Remote online notarization requires the notary to be authorized and to use a compliant system with identity proofing, recording, and a journal. Denise should decline the FaceTime request and explain that the affiant must appear in person or use a properly authorized remote notary.
The mark-signer presents two problems: identity and the signature itself. A person who cannot sign may make a mark, but the notary must follow the applicable rule for marks and should have a witness attest. With no identification at all, Denise should not proceed until identity is established by an acceptable method. She should document why she declined if she does.
3. What are the consequences of backdating the certificates to yesterday?
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Backdating is a false notarial certificate. The date on a jurat tells the world when the affiant appeared and swore. If Denise dates the affidavits yesterday, she is certifying that the affiants appeared before her yesterday, which is untrue.
A false certificate can expose Denise to suspension or revocation of her commission, civil liability to persons who relied on the affidavit, and potential criminal exposure for false swearing or forgery-related offenses. It also taints the court proceeding: opposing counsel can attack the affidavits, and the lawyer who directed the backdating faces professional consequences.
The correct response is to tell the paralegal that the affidavits cannot be notarized as written. If the affiants can appear today, Denise can administer the oath and certify today's date. If the deadline cannot be met, the lawyer must seek an extension or another lawful solution; the notary cannot manufacture the missing appearance.