Can notaries be subpoenaed?
Asked by: Dusty Hudson | Last update: October 8, 2025Score: 4.8/5 (74 votes)
You also should be aware that you could be caught up in a legal action even if you are not named in a lawsuit. There have been several situations in which Notaries have received subpoenas for information about a notarization they performed.
How do I subpoena a notary record?
For states that do not have laws or rules regarding journal entry requests, The Notary Public Code of Professional Responsibility recommends that the requester submit a written and signed request to the Notary specifying the month and year, the document type, and the principal or principals for the respective ...
Do Notaries have to testify in court?
A certified notary can usually be a witness, but this practice is generally discouraged. However, in limited circumstances, a notary may act as a special type of witness, called a signature witness.
Can you refuse a subpoena as a witness?
You remain obligated to respond to the subpoena unless you have a court order quashing or modifying the subpoena, Contact your legal counsel to assist with court filings.
Are notary records public?
However, a California Notary must provide a photocopy of a journal entry to anyone making a written request that includes the name of the parties involved in the notarization, the type of document, and the month and year the notarization took place (Government Code 8206[c]).
Subpoena Drama MAB Notary to the Rescue
Are notaries confidential?
California. If we look at California, the rules are more strict. Under Gov. Code 8206[d], notaries are not allowed to disclose the contents of their notary journals to anyone.
How to know if a notary is legit?
You could also ask the notary to provide a reference from a previous client. Authentic examples of past work can be a good way to verify a notary is legitimate.
How to avoid being subpoenaed?
Quashing a subpoena includes filing an objection and citing legally valid reasons for avoiding the duty of appearing. An attorney can help you file an objection and evaluate your chances to avoid the subpoena.
Can I plead the 5th when subpoenaed?
The Fifth Amendment can be invoked only in certain situations. An individual can only invoke the Fifth Amendment in response to a communication that is compelled, such as through a subpoena or other legal process. The communication must also be testimonial in nature.
What are the three types of subpoenas?
Three common types of subpoena are – Subpoena duces tecum, deposition subpoena, and witness subpoena.
Will a notarized letter hold up in court?
A common misconception is that notarization automatically makes a document legally binding. In reality, notarization helps verify the identity and consent of the parties involved but does not guarantee legal enforceability.
How strong is a notarized document?
Key Takeaways. When notarization occurs, a notary public certifies the authenticity of any signature appended to a document. A notarized document carries legal weight because a notary acts as a neutral third-party witness.
Do notaries have to read the document?
No, it is not illegal; however, the Notary should not read the documents they notarize because it is unnecessary and could possibly be a violation of the signer's privacy. You may scan over the document to obtain the information you need for your journal entry of the notarization. Confronted with a tricky notarization?
Why would a notary be subpoenaed?
There have been several situations in which Notaries have received subpoenas for information about a notarization they performed. Subpoenas included requests for Notary journal entries or affidavits or a demand to appear at a deposition to provide information about a past notarization.
What happens if you ignore a subpoena for documents?
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
Can notaries be witnesses?
In every other state where specific rules are not provided, such as California, Oregon and Texas, the safest course is to turn down requests to both notarize the signature and act as a document witness.
What happens if you refuse to testify after being subpoenaed?
A witness must be personally served with a subpoena for it to be considered valid under California law. If a witness doesn't appear in court after being personally served with a subpoena, they could be arrested for contempt of court.
Does a subpoena mean I'm in trouble?
A subpoena is not an automatic indictment, but the government wants you to believe you're guilty so you cave in. Prosecutors chase convictions under United States v. Nixon, 418 U.S. 683 (1974), which confirmed how subpoenas can pry into almost anything.
Can you go to jail for pleading the fifth?
The 5th Amendment protects individuals from being forced to testify against themselves. An individual who pleads the 5th cannot be required to answer questions that would tend to incriminate himself or herself. Generally, there is no penalty against the individual for invoking their 5th Amendment rights.
What are valid reasons to get out of a subpoena?
- Service: Like any other pleading, a subpoena must be served on the recipient. ...
- Scheduling: Occasionally, a subpoena may end up conflicting with a planned trip or with an important workplace issue.
How long do subpoenas last?
If it is a subpoena as distinguished from a case starting summons and complaint, a subpoena expires on its return date. But a summons is good for 90 days after the starting of the law suit and can be served alternatively to in hand service.
How do I block a subpoena?
File a Written Objection
You can formally contest the subpoena within 15 days from the receipt of the notice through a written objection filed with the Clerk of Court. Then, a copy of the motion is served on the prosecutor with the State Attorney's Office.
What is the most common mistake made by a notary?
One of the most common mistakes that notaries make is not printing or signing their name exactly as it appears on their notary commission.
Are notaries trustworthy?
On occasion, Notaries encounter individuals who are being forced to sign a document or whose health condition impairs their decision-making abilities. This is why Notaries are essential to preserving the public trust, as they ensure the integrity of documents while protecting the rights of all parties involved.
What makes a notarized document invalid?
Missing or Incorrect Notary Seal
States like California and Texas have specific requirements for the placement and design of the seal. Without a proper seal, legal and financial institutions may reject the document.