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September 30, 2016

Notary Jury Duty 2

The original dated January 6th ended up in a mistrial.

A group of Notaries was subpoened to be on the jury of a heavy duty murder case. The actual details of the murder were very peculiar though.

An actual Notary was hired to witness the murder. But, the Notary needed to reschedule the murder so it could be on the same date as the document which the Attorney needed another day to draft. So, the murderer said,

MURDERER: Okay, no problem, I can come back tomorrow. I’m available the whole day as a matter of fact. I’m good at killing time too as a matter of fact.

MURDER VICTIM: Gee, I’m not sure that tomorrow’s convenient for me. And by the way, you’re really killing my schedule by moving the murder to tomorrow.

NOTARY: My Attorney says the murder documents will be ready by 1pm.

MURDERER: Now, wait a second. If I’m going to commit a murder, wouldn’t it be better if there were no witnesses?

NOTARY: Well, technically yes, but since being a witness is an integral part of my profession, I’d kind of prefer to be involved in watching the prodeedings.

MURDER VICTIM: You know, I’d be a whole lot more comfortable with that too. Considering that after the fact, there would be some testimony on my behalf.

MURDERER: After the fact? There ain’t after the fact, at least not for you’s.

During Jury Selection
The prosecuting Attorney originally wanted to remove any Notaries from the Jury due to the fact that they might be biased for the Notary — or against the Notary since the Notary made some technical mistakes. But, then he changed his mind as only a Notary would be familiar enough with the circumstances of the crime to be a good juror. So, he and the defending Attorney both agreed to pick only Notaries in the jury.

In the actual murder, the murderer signed a pre-confession affidavit in front of the Notary admitting to being about to kill the victim. The victim also signed and dated the form using his own blood in a fountain pen. Fortunately, the victim showed in a timely manner for the murder, otherwise the murder date would not have coincided with the date of the freshly drafted document. Since the victim was chained to the toilet in the bathroom, so he had no choice other than to be on time. The Notary found it suitable for the victim to be chained to the toilet as the victim was a “regular” client.

The murderer, however, used a fake ID during the signing and did not thumbprint the journal, and then proceeded to murder the victim as well as the Notary. That’ll teach him to notarize at murders! Since the documents had fake names on them, the only way to identify the murderer was with DNA samples.

Trial Introduction
The judge informed the Notaries that it would be a 17 day trial involving professional witnesses, DNA experts, and neighbors who were witnesses as well as a clairvoyant who would interview the deceased Notary who was the primary witness even though that evidence was not admissable in court. The Notaries asked if they could have walk-in clients come during the trial so they could make a little extra money above and beyond the 31 cents per mile travel allowance. The judge said yes if he got 50% of the proceeds.

The Trial
The trial ended because another Notary waiting by the door. Aparantly the signing company double booked the appointment, and Notary #2 was just waiting by the door and heard everything. Additionally, Notary #2 saw the murderer come down the stairs and out the door with blood on his hands and was able to positively identify the perpetrator. So, the trial ended after 8 days due to this Notarial witness who appeared out of nowhere.

The Ending
Although the Notaries all agreed that the murderer was guilty, the murderer became a huge celebrity and posts about him went viral. Suddenly everybody in America wanted his autograph. But, did the autograph need to be notarized?

You might also like:

Notary Jury Duty (origional)
http://blog.123notary.com/?p=15838

Noternity Court
http://blog.123notary.com/?p=14091

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April 20, 2013

Types of witnesses in the notary profession

Types of Witnesses in the Notary Profession

All the names of witnesses in the notary profession can be confusing if you don’t know your terminology. I am going to write a brief tutorial of various types of witnesses.

Witness
Anyone who witnesses a signature can be a witness. In general you should be 18 years of age or older to serve as a witness. A witness could engage in the act of witnessing a signature.

Credible Witness
Most states allow the use of Credible Witnesses to identify a signer. Some states will allow two Credible Witnesses who know the signer, but do NOT know the notary. Some states will allow one Credible Witness who knows the signer as well as the notary. Some states will allow one or two Credible Witnesses. Consult your state’s notary handbook for details.

Credible Identifying Witness
A more legal or technical term for a Credible Witness

Executing Witness
Also known as a Subscribing Witness that would be used in a Proof of Execution signing. Don’t make a mistake on this type of notarization or the joke is that you will be executed!

Subscribing Witness
A witness who watches someone else sign their name. The word “sign” can sometimes be synonomous with the word “subscribe”.

Subscribing Witness for a Signature by X signing
A Subscribing Witness is also the term for someone who watches and assists in a Signature by Mark or Signature by X signing.

Witness to a Jurat Signature
Notaries are required by law to witness signatures that correspond to Jurat notarizations. Signatures that are to be acknowledged on the other hand, do NOT need to be witnessed, and can be signed before (even years before) the signature is acknolwedged.

Witness to a Will
Being a witness to a Will is similar to any other type of witnessing, except for the fact that the witness might need to (or probably should) document the fact that they witnessed a will signing on the signature page of the Will. Wills are by definition, orten much more serious than any other type of document.

They are often more important even than Power of Attorney documents or Grant Deeds. Another reason why witnessing signatures on Wills is so critical is because the signer will probably be dead if and when the document is disputed. It is too late to drag someone into court to testify if they are deceased!

You might also like:

Can a notary witness a Will or notarize one?
http://blog.123notary.com/?p=1525

Credible Witnesses from A to Z
http://blog.123notary.com/?p=452

Identification requirements for being notarized
http://blog.123notary.com/?p=4299

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April 1, 2012

Do personal loans require a witness?

Filed under: Witnessing — Tags: , , , — admin @ 12:08 pm

Do personal loans require a witness?
 
Most personal loans are signed in the presence of a notary.  Refinance loan signings are commonly refered to as witness signings.  The notary is the witness in this case.  Technically, the notary needs to witness the signings of Affidavits in the loan as a matter of notary law.  Each loan is different, but there could be a Signature Affidavit, Occupancy Affidavit, and perhaps other Affidavits too.
 
What about a non-notary witness?
I have not heard of personal loans or refinances requiring an outside witness.  From time to time, if a signer doesn’t have their identification, a credible witness might be brought in.
 
You might also like:
 
Can a notary be a witness?
 
Can a notary be a witness to a will?

If you can’t find a witness to sign

Can a notary sign an out of state Quit Claim Deed?

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October 22, 2011

Can a notary be a witness?

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Q&A for notary witness questions

Many people come to our blog to learn more about witness rules and credible witness requirements in various states.   We can not speak for all 50 states, but we will try to provide some good leads that can help you get your questions answered.
This blog entry will serve as a quick Q&A for some of the more common nationwide and state-specific notary witness questions.

 
How many credible witnesses are necessary?
Roughly 90% of states allow credible witnesses.  Please read:  http://www.123notary.com/forum/topic.asp?TOPIC_ID=4047.  This forum post to learn the credible witness requirements for your state.  In California and Florida, if the notary knows the witness, then only one is necessary.  However if the notary does not know the credible identifying witness, then two would be necessary. In either case, the credible witness must provide identification, and swear under oath to the identify of the signer. In many cases, the credible identifying witness only knows the signer by some informal name and knows them as a neighbor or co-worker on a very informal basis.

Can a notary act as a witness?  Can a notary be a witness?
Unless your state law indicates otherwise, then yes, a notary can act as a witness. Please keep in mind that certain notary acts require the notary to witness the signature of the signer (jurats), while other notary acts do not (such as acknowledgements).  A notary can act as a witness for a signature that they notarized, or for a signature that they did not notarize. It is an official notary act to be a witness in Delaware and Washington State as well.  It is common for people to ask a notary to witness signatures, since notaries are trusted state officials who would be a good impartial and responsible witness.
 
How to notarize a document when you have credible witnesses?
The credible witness(es) must sign the notary journal (rules vary state by state), and must produce identification as well.  The credible identifying witnesses must swear under oath as to the identity of the document signer.The credible witnesses do not actually sign any documents, they just sign the journal and help to identify the signers.

 Can a notary notarize with no ID and 2 credible witnesses?
Yes, if the notarization takes place in California, Missouri, Florida, Georgia, or Tennessee.
 
Nevada credible witnesses – is there a special form?
Nevada requires a special acknowledgment form for credible witnesses.
 
Can a notary be a witness to a Will?  Can a notary witness a Will?
Yes, a notary can be a witness to a will.  Some states allow witnessing as an official notary act as well. If it is not an official act, then the notary can charge any fee they like to serve as a witness.  Please keep in mind that notaries are discouraged from notarizing signatures on Wills without written instructions from an attorney.
 
Can a notary sign as a witness in Maryland? Can a notary be a witness in Maryland?
A notary can sign as a witness in Maryland, but it is not an official notary act in that state. 
 
Can a notary sign as a witness in Utah? Can a notary be a witness in Utah?
Yes, a notary can be a witness in Utah.
 
Can a notary be a witness in Texas?
Yes, a notary can be a witness in Texas.
 
Can a notary be a witness in New Jersey?
Yes, a notary can be a witness in New Jersey.
 
Can a notary be a witness in Pennsylvania?
Yes, a notary can be a witness in Pennsylvania, although it is not an official notary act.
 
What are credible witness statutes?
Credible witness statutes and rules vary from state to state. We have a forum post that covers many states rules about how many credible witnesses you need.
 
Doesn’t a notary have to witness you signing in person?
This depends on the type of notary act.  For Jurats — yes… for Acknowledgments — no.  In either case, the signer must sign the notary journal or notary record book if that is required in your state.
 
If you live on the border of 2 states, are you permitted to witness signings in both states?
Since witnessing is not an official notary act except in Delaware and in New Hampshire (as far as we know), a notary can be a witness anywhere, in any state or country.
 
Can a notary charge for a witness signature?  Can a notary charge to be a witness?
Since this activity is not an official notary act except in Delaware, the notary can charge whatever the client will agree to pay.  No state government regulates how much a witness can charge.

Can I be a notary and a witness?
Sure!
 
What is a notary credible witness acknowledgment?
To the best of our knowledge, only Nevada requires a special acknolwedgment for credible witnesses.  However, credible witnesses may be used in most states to identify a signer for an acknolwedged signature.
 
What is a subscribing witness?
A subscribing witness could be someone who witnesses a principal sign in a proof of execution — OR, it could be a person who witnesses an elderly person do a signature by X signing.

You might also like:

Power of Attorney information

Can a notary witness a will or notarize one?

California Credible Witness Requirements

Oath of two credible witnesses

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