Louisiana Code of Civil Procedure and Evidence
Evidentiary effect
An authentic act is full proof of the agreement and is self-authenticating; the proponent need not bring the notary to court merely to prove the signature. The notary’s certificate is prima facie evidence of the facts recited, but it is not conclusive against fraud or a defective-formalities challenge. A private act with a notarial acknowledgment proves the acknowledgment, not the truth of all recitals.
Executory process
Code of Civil Procedure art. 2635 requires an authentic act of mortgage or privilege importing a confession of judgment. The court reviews the act and supporting documents without a full trial. If the notarial act lacks witnesses, signatures, or the required confession, the court will reject executory process. The creditor may then file an ordinary proceeding.
Notary records and testimony
Notarial records are public records and may be admissible as business records or public records. A notary may be subpoenaed to testify about identity, capacity, or formalities. The notary’s journal can refresh memory and corroborate the certificate.
Worked example
A creditor attaches a mortgage with a notary’s certificate but no witness signatures. The clerk accepts the filing, but the judge refuses the executory order. Reasoning: the authentic act is incomplete, so the mortgage does not satisfy art. 2635. The creditor must prove the debt and mortgage in an ordinary suit.
Traps
Treating a notarized private act as an authentic act for executory process. Assuming the notary’s certificate always defeats parol evidence. Forgetting that original acts or certified copies may be required.