Hospital Journal Gaps
Denise is a North Carolina notary who performs five notarizations during a late-night hospital visit. She uses a spiral notebook as her journal. For each signer she writes only the date, the signer's name, and the word 'acknowledgment.' She does not record the time, the signer's address, the type of identification used, the fee charged, or whether a credible witness was used. One patient signed with an 'X' and two hospital employees witnessed the mark; Denise wrote only 'signed by X.' Another patient was identified by a credible witness whom Denise personally knows, but Denise did not write the witness's name or address. Denise plans to copy the notes into a nicer book later and discard the spiral notebook. She has also been asked by the hospital's compliance officer to produce her journal for a review of the notarizations. Denise says the notebook is 'private' and wants to know what she must disclose.
1. Which journal entries are missing, and why does each matter?
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A compliant journal should show the date and time of the act, the type of notarial act, the signer's name and address, the identification method (personal knowledge, government-issued photo ID, or credible witness), the fee, and any witnesses or special circumstances such as a signature by mark. Time matters because it links the act to the appearance; identification method matters because it shows the notary complied with satisfactory-evidence rules; address helps identify the signer; fee and witnesses support the audit trail. Missing entries do not automatically void the acts, but they weaken the notary's evidence and may be a statutory violation. Denise should not fabricate missing details from memory; she may add a dated corrective note only for facts she actually recalls.
2. How should Denise have recorded the mark signature and the credible-witness identification?
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For the patient who signed by mark, Denise should record that the signer signed by mark, the signer's name and address, the names and addresses of the two witnesses, and the fact that the witnesses saw the mark. For the credible-witness identification, she should record the credible witness's name and address and state that the witness was personally known to Denise and knew the signer. If two credible witnesses were used, both should be listed. These details protect the signer and show that the notary did not rely on an improper shortcut. The journal is not a substitute for the notarial certificate, but it should let a reviewer reconstruct exactly how identity was established.
3. What are Denise's retention and production obligations, and what should she do about the spiral notebook?
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North Carolina notaries must keep their journal for the statutory retention period, generally 10 years after the last notarial act, and must produce it to the Secretary of State or another authorized requester. The compliance officer's review may be legitimate, but Denise should confirm the legal basis and protect confidential information as required. She should not destroy the spiral notebook or replace it with a rewritten copy; the original is the evidence. She should start using a compliant journal, paper or electronic, with sequential entries and proper backup. If the notebook is lost or stolen, she should follow the required notification steps. Going forward, she should complete each entry at the time of the act.