The Legal Weight of Notarized Documents in the Courtroom

What Constitutes a Notarized Document?

A notarized document is one that has been verified for authenticity by a certified public notary, sometimes referred to as a notarial officer or "notary public." The basic function of a notary is to confirm the identity of the parties to the document in question and witness their signatures on it. Notaries are also required by law to ensure that the signatures they witness are being conceded willingly, not under the threat of coercion or in exchange for undue compensation.
The process of notarization itself involves nothing more than a physical check of the signers’ identification and the affixing of the notary’s official mark, signature and commission date at or near the end of the document in question . In some cases, the notary may be required to add a detailed statement regarding the circumstances of the document and the identities of its signers. Whatever the case may be, these details are typically placed immediately after the appropriate signature blocks to ensure they remain securely tied to the document.
Although the process of notarization seems simple, its significance within the legal environment cannot be overstated. Notarized documents such as sworn statements, affidavits and acknowledgments provide proof of authenticity in legal matters. Courts will often only accept notarized documents as evidence of authenticity, which can sometimes mean the difference between victory and defeat in legal proceedings.

The Weight of a Notarized Document in the Eyes of the Law

Most courts across the nation will give a notarized document much more weight than one that is not notarized. This does not mean that a notarized document is automatically accepted as fact without question, but it does mean that the signer must present evidence to the court that the document was forged. If the signatures can be authenticated, the notarized document will be considered enforceable as if it were signed in front of a notary public. A document with a notary stamp on it also carries a presumption that the signer had the legal capacity to sign it. In other words, the presumption is that when a person signed a notarized document, that person was not under any form of duress at the time the document was signed. The presumption is that both the signer and the notary public were acting in good faith. A party in favor of the notarized document may also use the document to gain summary judgment in certain cases. Summary judgment says that a court will decide the matter before proceeding to trial, because the evidence shows that there is no genuine dispute of fact. Courts like notarized documents because they save court time and taxpayer dollars by alleviating unnecessary litigation.

Considerations on the Court’s View

When it comes to a Notary’s seal on a document, the court will presume that the notarial acts were properly done when certain factors are involved. In order to find this presumption, the following accompanying circumstances must be present: In effect what the Courts are doing is determining whether or not jurisdiction was properly granted to the Notary Public who issued that requested a notarization of a document. These elements are akin to what makes or breaks a contract and goes by the name of "incorporation by reference." These elements are used in many instances and have been well documented – so well that when used on a contract it is a required procedure.
As with all civil matters, the courts must determine if a notarized document carries weight. There are several different factors that can affect whether or not the original document signed by a Notary Public is honored in a court of law. These include: Execution. Did the Notary Public make sure that all parties had properly signed the document and that the signature matched the one on identification? Was the document signed in front of the Notary Public, or was the signature affixed on a different date? Was proper identification examined? Was the seal clearly illustrated? Authenticity. Was the seal clearly illustrated? Were the notarial marks printed using a rubber stamp? Was it embossed in any way? Were all seals signed? Did the Notary enter the appropriate information correctly onto the document? Relevance. Does the notarized document relate to the case?

Myths and Misunderstandings

One reason why documents signed in the presence of a Notary Public have the legal "power" they do is that they are widely understood to carry a certain level of "proof." But with this understanding comes some common misconceptions, as well.
For one, many people assume that the Notary’s signature means that the person signing the document is indeed who they say they are. Actually, it’s only after they properly verify the signer’s identity and witness the signing process that Notaries can place their stamp on the document.
Another big assumption is that a Notary’s job is to determine and confirm the contents of the document in question. Notaries don’t generally read documents unless it’s necessary to ensure that the proper notarial act is performed. So when someone sees a Notary’s signature and stamp on a document, they need to be aware that the Notary was only verifying the signer’s identity and doing his or her part to help effectuate the agreement between the parties.
Several people also assume that notarized documents are infallible. This is one of the reasons why courts sometimes choose not to enforce notarized documents. A simple case in point: a page that someone may have signed could theoretically come loose from the rest of the document. If so , the signer can claim that the signature was intended for a different document altogether! In another example, one may not have signed voluminous pages of a contract – perhaps they only signed one or two pages – just so the other party can slip in additional pages later on. It’s easy to see how this could cause problems.
As far as the specific notarial process goes, it’s essential that a Notary actually witness the signing of the document. In some states, Notaries might be able to provide services remotely, meaning that someone can have a document notarized without the Notary being in the same room. These procedures often don’t carry the same "weight" legally. For example, a notarial act that occurs remotely typically requires a witness in the same room. Plus, they often require more recent technology, which may not yet be widely adopted.

When a Notary Signature and Seal Falls Short

While notarized documents carry significant weight in legal proceedings, there are circumstances where a notarization alone might not suffice:

Multiple parties involved: If a contract is more than just a simple two-party agreement, you might need additional signatures or acknowledgments that the notary may be unable to provide. Extensive changes or items added after the notary has done their job may need additional notarization.
Contestable documents: Although a notarized document is difficult to dispute in court, it can still be contested. If one party claims the document is fraudulent, additional documentation or expert testimony may be required to support your case.
Special conditions for the transfer of property or rights: Certain transfers may require notarization in tandem with other actions, such as filing with the county clerk or providing special information to that office. Depending on the real estate office, there may be a fee for recording notarized instruments.
Languages and complexities: Upon encountering a document written in another language, steps may need to be taken to translate and verify the document matches the original before and after notarization.
State laws: Some notarized documents may carry specific requirements under state law. For instance, some states require three witnesses who must also sign for real estate sales. A person may also have to take additional steps to remedy a situation where there is a mistake in a prepared document or ownership rights to a property, which is better handled by an attorney.
Additional documentation: A notarized document may entail another type of verification altogether, such as a will or guardianship.

Bolstering the Credibility of Your Documents

The legal system places a premium on documentation, but not all documents are created equal. While some documents can be considered "barely legal," others can have enough weight to impact the outcome of a case. In some cases it’s not about what you write in your document, but how you get the document notarized that has added relevance to the court. Notarized documents — legal documents that have been recorded and stamped by an authorized notary public — have more credibility than those that are not properly notarized. That’s because notarization involves a number of important steps a good notary public must follow in order for a legally binding document to take on added weight. An authorized notary public must first verify the authenticity of the individual signing the document, requiring the individual to be present during the signing process. The notary public is also responsible for properly understanding the type of document being notarized and its relevance to the legal process at hand. Not only does the notary public check the identification of the individual signing the document , he or she also requires the individual to put the signature down in their presence to confirm their involvement in the legal process. You may not consider it too important at the time, but knowing how to choose an authorized notary public is just as important as the content you have within the legally binding document itself. You want to make sure the individual you choose possesses all the credentials necessary to establish authenticity. To start, investigate if the notary public is registered with the National Notary Association (NNA) or the Notary Learning Center. If so, you’ll know right away that you’re working with a responsible, honest individual who knows the business. Whatever you do, don’t go in blind and choose just anybody to properly notarize your important legal documents. You can quickly lose credibility with the court by failing to choose the correct person to sign off on the authenticity of the document in question. Choose certified notaries that are licensed, bondable and insured for your notarization needs to ensure maximum credibility of your documents.