Sunday, October 16, 2011
A Unique to a Solution of No Picture ID
A notary may notarize a person who is known to the notary. Unfortunately, the person was not known to me but well known to another person. Technically, I could have sworn the the other person since I know this other person very well.I elected another option. The other person will become a VA notary and his first assignment will be to notarize his good friend who he has known for several years. I will be assisting him on his first notarization.
Bus Company Gets a New Bus
VA DMV does not require notarization of sale of a vehicle unless it is a gift transaction or the price is below book value. However, private companies may require proof of delivery of a bus. In my recent experience both delivery agent and company representative had to do a jurat on a document certifying delivery of the new bus.
Wednesday, September 21, 2011
Urgent Message on Web cam notarization from AAN
Steps to Proper Notarization
Official Statements on Webcam Notarization
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In January 2011, rumors that a new website had been established to provide online notarization services surged through notary forums and email lists. The American Association of Notaries (AAN) received emails that expressed concerns regarding this type of notarization process.
The site, which the AAN will not name, claimed that a citizen could receive instant notarization services if he or she had access to a webcam. The webcam would provide an opportunity for a video conference session between the citizen who needed notary services and a notary. According to the site, once the video conference was established and the citizen was “connected” to a notary, he or she would receive “legal” notary services.
According to promotional press releases that were published subsequently, a signer would go to the address of the website and create an account. The identification of the signer would be conclusively established during the account set up. To do so, the site’s attendant would ask a series of questions that were based on public records. Theoretically, the answers to the questions were known only by the signer.
Once the signer’s identity was established satisfactorily, the signer would transmit the document to the site’s waiting notary, sign the document using his or her computer mouse, and the notary would electronically notarize the document.
The site and press releases also mentioned that the notary’s computer captured the transaction and the signer’s face on video and that the connections over which the transaction took place were “secure.” The fee for the notarization service was stated to be $14.99.
Notaries’ Concerns
Emails from notaries and attorneys appeared in our inbox and they all covered one or more of six concerns:
-A webcam appearance is not the same as personal appearance. Notaries said that there is no certain way to identify a person through a camera. Some notaries suggested that signers could be forced to sign the document by someone off camera.
-The notary did not have an opportunity to view the original ID documents and that asking questions did not fulfill ID requirements. They felt strongly that using information from public records was not a lawful method of identifying a signer. Some mentioned that “public records” are available to the public, so they did not believe that the question/answer method could be a conclusive method of identifying a signer. Further, even though the notarization was conducted over a “secure” connection and was recorded, these measures would do little to stop a fraudulent transaction.
-The website’s stated fee of $14.99 was higher than any state allows for a notary act. The emails were accurate; there is no state in the union that allows a notary to charge $14.99 for a single notarization.
- Electronic notarization is not the appropriate method for all situations. Electronic notarization cannot be used in a transaction in which the recipient needs a wet ink signature. For instance, one cannot sign a deed electronically if the recipient or the clerk’s office does not have the software to verify that the deed has been signed by a certain person and a certain notary. Printed copies of electronic notarizations look like copies; it is quite possible that the notarization would be useless for the recipient.
-The issue of stated venue. Would the venue on the notary certificate be the venue of the notary or the venue of the signer? If a notary from New Jersey, for instance, notarized a document for a signer in Florida, what would the venue say? Since there are no laws in effect to allow webcam notarizations, it is impossible to determine which location is correct for the notary’s certificate.
- No state has laws in effect that allow webcam notarizations. Would such a notarization be valid if this type of notarization was challenged and determined in the future to be illegal? If one of the online notarizations was attached to a document that became the subject of a lawsuit, would the notarization be voided once the court learned the method of notarization?
Official Decisions from States
When concerned notaries contacted their notary public administrators’ offices, several strongly responded to discourage notarization through the use of webcams. One state even used the phrase “scam alert,” and another state said that the information that was published on the webcam notarization website was “misleading.” The AAN is aware of the following states that have made public statements about online notarization through the use of webcam:
CALIFORNIA (March 2011)
"Online webcam notarization is invalid and illegal in the State of California. A private company claims to have the first online notarization website and has sent misleading information and made false claims to California notaries public concerning a new online notarization service. The web-based platform purports to allow a person to submit copies of identification over the Internet and to use a webcam in lieu of a personal appearance in front of a notary public. Appearance via webcam does not meet the requirements for notarization in California...."
FLORIDA (May 2011)
"Thank you for contacting the Governor’s Notary Section. The physical presence requirement at the time of notarization is still in effect per section 117.107(9), Florida Statutes and there are no exceptions to the presence requirement. " (Via email.)
NEVADA (JULY 2011)
"Customer Alert: Online webcam notarizations are not permitted in the State of Nevada. A person seeking a notarization is required to personally appear before a notary public and sign the document in the presence of the notary. Appearance via a webcam or other electronic medium such as Skype does not meet Nevada’s law governing personal appearance. Please be aware of any online notarization service being offered by a private company..."
NEW JERSEY (July 2011)
"NOTICE Concerning Online Notary Services Utilizing a Web Cam or other Video Equipment: The Division of Revenue requested legal guidance concerning the practice of online notarization services utilizing a webcam or other video in lieu of a personal appearance in front of a valid New Jersey Notary. It has been determined that New Jersey’s statutes do not allow for this type of notarization."
RHODE ISLAND (June 2011)
"ALERT - Please be advised that pursuant to state law, all Notary Publics authorized to by his Excellency the Governor, may exercise said powers 'within this state'. An individual completing an acknowledgment must do so "before" a person authorized to take acknowledgments under Rhode Island law, including Notaries Public. The Governor of the State of Rhode Island and the Rhode Island Secretary of State have further set forth, by Executive Order, the requirement that the person completing an acknowledgment or seeking other services from the Notary Public must 'appear in person' before the Notary Public. Other electronic means of appearance, such as web cam and Skype, do not comply with the requirements of state law and the Executive Order."
OHIO (July 2011)
"Scam alert: Online Notarization. Online webcam notarization” is invalid in Ohio, but at least one company is claiming to provide a web-based notary service to consumers throughout the U.S. Under Ohio law, if you need to get a document notarized to verify your signature on the document, you must be physically present with the notary public at the time you sign the document.
If you are not physically present (in person) with the notary public at the time of signing, the notarization is invalid and the document itself may become invalid..."
OREGON (July 2011)
ONLINE WEBCAM NOTARIZATION is invalid and illegal in the State of Oregon. "A private company claims to have the first online notarization website and has false claims concerning a new online notarization service...It is important that Oregon notaries do not participate in this scheme. Clearly, Oregon notaries public who notarize in this fashion are breaking the law, and are subject to administrative and possibly criminal and civil sanctions. It is unclear if notarizations of Oregon citizens done remotely by notaries that are not in Oregon will be upheld in court."
TEXAS (Jan 13, 2011)
"Thank you for bringing this to our attention. Performing a notarization without the signer personally appearing before the notary at the time of the notarization is a Prohibited Act. It is specifically cited as good cause for taking disciplinary action against your notary commission. Tex. Gov’t Code Ann. § 406.009; 1 Tex. Admin. Code § 87.11(a)(16). Appearance by webcam or video conference is not personal appearance. Personal appearance means physically appearing in the presence of the notary." (Via email.)
WISCONSIN (May 2011)
"...Online webcam notarization is invalid and illegal in the State of Wisconsin. A private company claims to have the first online notarization website and has sent misleading information and made false claims to Wisconsin Notaries Public concerning a new online notarization service. The web-based platform purports to allow a person to submit copies of identification over the Internet and to use a webcam in lieu of a personal appearance in front of a Notary Public. Appearance via webcam does not meet the requirements for notarization in Wisconsin..."
Virginia’s Laws on Video Conferencing
Virginia lawmakers recently wrote laws regarding electronic notarization through the use of video conferencing, but the laws are not in effect.
VIRGINIA (March 2011)
"Still NOT lawful in 2011... the provisions of this act relating to the use of video and audio conference technology shall become effective JULY 1, 2012..."
After July 1, 2012, the ID methods described are very strict according to the new law: "(i). In the case of an electronic notarization, 'satisfactory evidence of identity' may be based on video and audio conference technology, in accordance with the standards for electronic video and audio communications set out in subdivisions B 1, B 2, and B 3 of § 19.2-3.1, that permits the notary to communicate with and identify the principal at the time of the notarial act, provided that such identification is confirmed by (a) personal knowledge, (b) an antecedent in-person identity proofing process in accordance with the specifications of the Federal Bridge Certification Authority, or (c) a valid digital certificate accessed by biometric data or by use of an interoperable Personal Identity Verification card that is designed, issued, and managed in accordance with the specifications published by the National Institute of Standards and Technology in Federal Information Processing Standards Publication 201-1, "Personal Identity Verification (PIV) of Federal Employees and Contractors," and supplements thereto or revisions thereof."
The AAN’s Position
The AAN does not take positions on matters that are of a legal nature. We support the decisions and rules of the states’ commissioning offices.
To determine whether or not webcam notarization is legal in your state, please contact your notary public administrator. You may refer to this article in your inquiry as long as the article is referred to in its entirety and credit is given to its source.
Official Statements on Webcam Notarization
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In January 2011, rumors that a new website had been established to provide online notarization services surged through notary forums and email lists. The American Association of Notaries (AAN) received emails that expressed concerns regarding this type of notarization process.
The site, which the AAN will not name, claimed that a citizen could receive instant notarization services if he or she had access to a webcam. The webcam would provide an opportunity for a video conference session between the citizen who needed notary services and a notary. According to the site, once the video conference was established and the citizen was “connected” to a notary, he or she would receive “legal” notary services.
According to promotional press releases that were published subsequently, a signer would go to the address of the website and create an account. The identification of the signer would be conclusively established during the account set up. To do so, the site’s attendant would ask a series of questions that were based on public records. Theoretically, the answers to the questions were known only by the signer.
Once the signer’s identity was established satisfactorily, the signer would transmit the document to the site’s waiting notary, sign the document using his or her computer mouse, and the notary would electronically notarize the document.
The site and press releases also mentioned that the notary’s computer captured the transaction and the signer’s face on video and that the connections over which the transaction took place were “secure.” The fee for the notarization service was stated to be $14.99.
Notaries’ Concerns
Emails from notaries and attorneys appeared in our inbox and they all covered one or more of six concerns:
-A webcam appearance is not the same as personal appearance. Notaries said that there is no certain way to identify a person through a camera. Some notaries suggested that signers could be forced to sign the document by someone off camera.
-The notary did not have an opportunity to view the original ID documents and that asking questions did not fulfill ID requirements. They felt strongly that using information from public records was not a lawful method of identifying a signer. Some mentioned that “public records” are available to the public, so they did not believe that the question/answer method could be a conclusive method of identifying a signer. Further, even though the notarization was conducted over a “secure” connection and was recorded, these measures would do little to stop a fraudulent transaction.
-The website’s stated fee of $14.99 was higher than any state allows for a notary act. The emails were accurate; there is no state in the union that allows a notary to charge $14.99 for a single notarization.
- Electronic notarization is not the appropriate method for all situations. Electronic notarization cannot be used in a transaction in which the recipient needs a wet ink signature. For instance, one cannot sign a deed electronically if the recipient or the clerk’s office does not have the software to verify that the deed has been signed by a certain person and a certain notary. Printed copies of electronic notarizations look like copies; it is quite possible that the notarization would be useless for the recipient.
-The issue of stated venue. Would the venue on the notary certificate be the venue of the notary or the venue of the signer? If a notary from New Jersey, for instance, notarized a document for a signer in Florida, what would the venue say? Since there are no laws in effect to allow webcam notarizations, it is impossible to determine which location is correct for the notary’s certificate.
- No state has laws in effect that allow webcam notarizations. Would such a notarization be valid if this type of notarization was challenged and determined in the future to be illegal? If one of the online notarizations was attached to a document that became the subject of a lawsuit, would the notarization be voided once the court learned the method of notarization?
Official Decisions from States
When concerned notaries contacted their notary public administrators’ offices, several strongly responded to discourage notarization through the use of webcams. One state even used the phrase “scam alert,” and another state said that the information that was published on the webcam notarization website was “misleading.” The AAN is aware of the following states that have made public statements about online notarization through the use of webcam:
CALIFORNIA (March 2011)
"Online webcam notarization is invalid and illegal in the State of California. A private company claims to have the first online notarization website and has sent misleading information and made false claims to California notaries public concerning a new online notarization service. The web-based platform purports to allow a person to submit copies of identification over the Internet and to use a webcam in lieu of a personal appearance in front of a notary public. Appearance via webcam does not meet the requirements for notarization in California...."
FLORIDA (May 2011)
"Thank you for contacting the Governor’s Notary Section. The physical presence requirement at the time of notarization is still in effect per section 117.107(9), Florida Statutes and there are no exceptions to the presence requirement. " (Via email.)
NEVADA (JULY 2011)
"Customer Alert: Online webcam notarizations are not permitted in the State of Nevada. A person seeking a notarization is required to personally appear before a notary public and sign the document in the presence of the notary. Appearance via a webcam or other electronic medium such as Skype does not meet Nevada’s law governing personal appearance. Please be aware of any online notarization service being offered by a private company..."
NEW JERSEY (July 2011)
"NOTICE Concerning Online Notary Services Utilizing a Web Cam or other Video Equipment: The Division of Revenue requested legal guidance concerning the practice of online notarization services utilizing a webcam or other video in lieu of a personal appearance in front of a valid New Jersey Notary. It has been determined that New Jersey’s statutes do not allow for this type of notarization."
RHODE ISLAND (June 2011)
"ALERT - Please be advised that pursuant to state law, all Notary Publics authorized to by his Excellency the Governor, may exercise said powers 'within this state'. An individual completing an acknowledgment must do so "before" a person authorized to take acknowledgments under Rhode Island law, including Notaries Public. The Governor of the State of Rhode Island and the Rhode Island Secretary of State have further set forth, by Executive Order, the requirement that the person completing an acknowledgment or seeking other services from the Notary Public must 'appear in person' before the Notary Public. Other electronic means of appearance, such as web cam and Skype, do not comply with the requirements of state law and the Executive Order."
OHIO (July 2011)
"Scam alert: Online Notarization. Online webcam notarization” is invalid in Ohio, but at least one company is claiming to provide a web-based notary service to consumers throughout the U.S. Under Ohio law, if you need to get a document notarized to verify your signature on the document, you must be physically present with the notary public at the time you sign the document.
If you are not physically present (in person) with the notary public at the time of signing, the notarization is invalid and the document itself may become invalid..."
OREGON (July 2011)
ONLINE WEBCAM NOTARIZATION is invalid and illegal in the State of Oregon. "A private company claims to have the first online notarization website and has false claims concerning a new online notarization service...It is important that Oregon notaries do not participate in this scheme. Clearly, Oregon notaries public who notarize in this fashion are breaking the law, and are subject to administrative and possibly criminal and civil sanctions. It is unclear if notarizations of Oregon citizens done remotely by notaries that are not in Oregon will be upheld in court."
TEXAS (Jan 13, 2011)
"Thank you for bringing this to our attention. Performing a notarization without the signer personally appearing before the notary at the time of the notarization is a Prohibited Act. It is specifically cited as good cause for taking disciplinary action against your notary commission. Tex. Gov’t Code Ann. § 406.009; 1 Tex. Admin. Code § 87.11(a)(16). Appearance by webcam or video conference is not personal appearance. Personal appearance means physically appearing in the presence of the notary." (Via email.)
WISCONSIN (May 2011)
"...Online webcam notarization is invalid and illegal in the State of Wisconsin. A private company claims to have the first online notarization website and has sent misleading information and made false claims to Wisconsin Notaries Public concerning a new online notarization service. The web-based platform purports to allow a person to submit copies of identification over the Internet and to use a webcam in lieu of a personal appearance in front of a Notary Public. Appearance via webcam does not meet the requirements for notarization in Wisconsin..."
Virginia’s Laws on Video Conferencing
Virginia lawmakers recently wrote laws regarding electronic notarization through the use of video conferencing, but the laws are not in effect.
VIRGINIA (March 2011)
"Still NOT lawful in 2011... the provisions of this act relating to the use of video and audio conference technology shall become effective JULY 1, 2012..."
After July 1, 2012, the ID methods described are very strict according to the new law: "(i). In the case of an electronic notarization, 'satisfactory evidence of identity' may be based on video and audio conference technology, in accordance with the standards for electronic video and audio communications set out in subdivisions B 1, B 2, and B 3 of § 19.2-3.1, that permits the notary to communicate with and identify the principal at the time of the notarial act, provided that such identification is confirmed by (a) personal knowledge, (b) an antecedent in-person identity proofing process in accordance with the specifications of the Federal Bridge Certification Authority, or (c) a valid digital certificate accessed by biometric data or by use of an interoperable Personal Identity Verification card that is designed, issued, and managed in accordance with the specifications published by the National Institute of Standards and Technology in Federal Information Processing Standards Publication 201-1, "Personal Identity Verification (PIV) of Federal Employees and Contractors," and supplements thereto or revisions thereof."
The AAN’s Position
The AAN does not take positions on matters that are of a legal nature. We support the decisions and rules of the states’ commissioning offices.
To determine whether or not webcam notarization is legal in your state, please contact your notary public administrator. You may refer to this article in your inquiry as long as the article is referred to in its entirety and credit is given to its source.
Monday, August 29, 2011
You just got a very broad and intrusive Federal Witness Subpoena
1)Do not open the door to anyone claiming they have a package for you that you did not order or were not expecting.
2. If the individual claims to be processor server, call the non-emergency police department number so a uniform police officer can supervise and identify the process server.
3. Read Rule 45 and apply it appropriately. Notify counsel(s) of your response and application of rule 45.
4.Bring a lawyer to the deposition.
Rule 45. Subpoena.
(a) Form; issuance.
(a)(1) Every subpoena shall:
(a)(1)(A) issue from the court in which the action is pending;
(a)(1)(B) state the title and case number of the action, the name of the court from which it is issued, and the name and address of the party or attorney responsible for issuing the subpoena;
(a)(1)(C) command each person to whom it is directed
(a)(1)(C)(i) to appear and give testimony at a trial, hearing or deposition, or
(a)(1)(C)(ii) to appear and produce for inspection, copying, testing or sampling documents, electronically stored information or tangible things in the possession, custody or control of that person, or
(a)(1)(C)(iii) to copy documents or electronically stored information in the possession, custody or control of that person and mail or deliver the copies to the party or attorney responsible for issuing the subpoena before a date certain, or
(a)(1)(C)(iv) to appear and to permit inspection of premises;
(a)(1)(D) if an appearance is required, specify the date, time and place for the appearance; and
(a)(1)(E) include a notice to persons served with a subpoena in a form substantially similar to the subpoena form appended to these rules. A subpoena may specify the form or forms in which electronically stored information is to be produced.
(a)(2) The clerk shall issue a subpoena, signed but otherwise in blank, to a party requesting it, who shall complete it before service. An attorney admitted to practice in Utah may issue and sign a subpoena as an officer of the court.
(b) Service; fees; prior notice.
(b)(1) A subpoena may be served by any person who is at least 18 years of age and not a party to the case. Service of a subpoena upon the person to whom it is directed shall be made as provided in Rule 4(d).
(b)(2) If the subpoena commands a person's appearance, the party or attorney responsible for issuing the subpoena shall tender with the subpoena the fees for one day's attendance and the mileage allowed by law. When the subpoena is issued on behalf of the United States, or this state, or any officer or agency of either, fees and mileage need not be tendered.
(b)(3) If the subpoena commands a person to copy and mail or deliver documents or electronically stored information, to produce documents, electronically stored information or tangible things for inspection, copying, testing or sampling or to permit inspection of premises, the party or attorney responsible for issuing the subpoena shall serve each party with notice of the subpoena by delivery or other method of actual notice before serving the subpoena.
(c) Appearance; resident; non-resident.
(c)(1) A person who resides in this state may be required to appear:
(c)(1)(A) at a trial or hearing in the county in which the case is pending; and
(c)(1)(B) at a deposition, or to produce documents, electronically stored information or tangible things, or to permit inspection of premises only in the county in which the person resides, is employed, or transacts business in person, or at such other place as the court may order.
(c)(2) A person who does not reside in this state but who is served within this state may be required to appear:
(c)(2)(A) at a trial or hearing in the county in which the case is pending; and
(c)(2)(B) at a deposition, or to produce documents, electronically stored information or tangible things, or to permit inspection of premises only in the county in which the person is served or at such other place as the court may order.
(d) Payment of production or copying costs. The party or attorney responsible for issuing the subpoena shall pay the reasonable cost of producing or copying documents, electronically stored information or tangible things. Upon the request of any other party and the payment of reasonable costs, the party or attorney responsible for issuing the subpoena shall provide to the requesting party copies of all documents, electronically stored information or tangible things obtained in response to the subpoena or shall make the tangible things available for inspection.
(e) Protection of persons subject to subpoenas; objection.
(e)(1) The party or attorney responsible for issuing a subpoena shall take reasonable steps to avoid imposing an undue burden or expense on the person subject to the subpoena. The court shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney fee.
(e)(2) A subpoena to copy and mail or deliver documents or electronically stored information, to produce documents, electronically stored information or tangible things, or to permit inspection of premises shall comply with Rule 34(a) and (b)(1), except that the person subject to the subpoena must be allowed at least 14 days after service to comply.
(e)(3) The person subject to the subpoena or a non-party affected by the subpoena may object if the subpoena:
(e)(3)(A) fails to allow reasonable time for compliance;
(e)(3)(B) requires a resident of this state to appear at other than a trial or hearing in a county in which the person does not reside, is not employed, or does not transact business in person;
(e)(3)(C) requires a non-resident of this state to appear at other than a trial or hearing in a county other than the county in which the person was served;
(e)(3)(D) requires the person to disclose privileged or other protected matter and no exception or waiver applies;
(e)(3)(E) requires the person to disclose a trade secret or other confidential research, development, or commercial information;
(e)(3)(F) subjects the person to an undue burden or cost;
(e)(3)(G) requires the person to produce electronically stored information in a form or forms to which the person objects;
(e)(3)(H) requires the person to provide electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost; or
(e)(3)(I) requires the person to disclose an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study that was not made at the request of a party.
(e)(4)(A) If the person subject to the subpoena or a non-party affected by the subpoena objects, the objection must be made before the date for compliance.
(e)(4)(B) The objection shall be stated in a concise, non-conclusory manner.
(e)(4)(C) If the objection is that the information commanded by the subpoena is privileged or protected and no exception or waiver applies, or requires the person to disclose a trade secret or other confidential research, development, or commercial information, the objection shall sufficiently describe the nature of the documents, communications, or things not produced to enable the party or attorney responsible for issuing the subpoena to contest the objection.
(e)(4)(D) If the objection is that the electronically stored information is from sources that are not reasonably accessible because of undue burden or cost, the person from whom discovery is sought must show that the information sought is not reasonably accessible because of undue burden or cost.
(e)(4)(E) The objection shall be served on the party or attorney responsible for issuing the subpoena. The party or attorney responsible for issuing the subpoena shall serve a copy of the objection on the other parties.
(e)(5) If objection is made, or if a party files a motion for a protective order, the party or attorney responsible for issuing the subpoena is not entitled to compliance but may move for an order to compel compliance. The motion shall be served on the other parties and on the person subject to the subpoena. An order compelling compliance shall protect the person subject to or affected by the subpoena from significant expense or harm. The court may quash or modify the subpoena. If the party or attorney responsible for issuing the subpoena shows a substantial need for the information that cannot be met without undue hardship, the court may order compliance upon specified conditions.
(f) Duties in responding to subpoena.
(f)(1) A person commanded to copy and mail or deliver documents or electronically stored information or to produce documents, electronically stored information or tangible things shall serve on the party or attorney responsible for issuing the subpoena a declaration under penalty of law stating in substance:
(f)(1)(A) that the declarant has knowledge of the facts contained in the declaration;
(f)(1)(B) that the documents, electronically stored information or tangible things copied or produced are a full and complete response to the subpoena;
(f)(1)(C) that the documents, electronically stored information or tangible things are the originals or that a copy is a true copy of the original; and
(f)(1)(D) the reasonable cost of copying or producing the documents, electronically stored information or tangible things.
(f)(2) A person commanded to copy and mail or deliver documents or electronically stored information or to produce documents, electronically stored information or tangible things shall copy or produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the subpoena.
(f)(3) If a subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena must produce the information in the form or forms in which the person ordinarily maintains it or in a form or forms that are reasonably usable.
(f)(4) If the information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party who received the information of the claim and the basis for it. After being notified, the party must promptly return, sequester, or destroy the specified information and any copies of it and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve the information. The person who produced the information must preserve the information until the claim is resolved.
(g) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person is punishable as contempt of court.
(h) Procedure when witness evades service or fails to attend. If a witness evades service of a subpoena or fails to attend after service of a subpoena, the court may issue a warrant to the sheriff of the county to arrest the witness and bring the witness before the court.
(i) Procedure when witness is confined in jail. If the witness is a prisoner, a party may move for an order to examine the witness in the jail or prison or to produce the witness before the court or officer for the purpose of being orally examined.
(j) Subpoena unnecessary. A person present in court or before a judicial officer may be required to testify in the same manner as if the person were in attendance upon a subpoena.
Advisory Committee Notes
2. If the individual claims to be processor server, call the non-emergency police department number so a uniform police officer can supervise and identify the process server.
3. Read Rule 45 and apply it appropriately. Notify counsel(s) of your response and application of rule 45.
4.Bring a lawyer to the deposition.
Rule 45. Subpoena.
(a) Form; issuance.
(a)(1) Every subpoena shall:
(a)(1)(A) issue from the court in which the action is pending;
(a)(1)(B) state the title and case number of the action, the name of the court from which it is issued, and the name and address of the party or attorney responsible for issuing the subpoena;
(a)(1)(C) command each person to whom it is directed
(a)(1)(C)(i) to appear and give testimony at a trial, hearing or deposition, or
(a)(1)(C)(ii) to appear and produce for inspection, copying, testing or sampling documents, electronically stored information or tangible things in the possession, custody or control of that person, or
(a)(1)(C)(iii) to copy documents or electronically stored information in the possession, custody or control of that person and mail or deliver the copies to the party or attorney responsible for issuing the subpoena before a date certain, or
(a)(1)(C)(iv) to appear and to permit inspection of premises;
(a)(1)(D) if an appearance is required, specify the date, time and place for the appearance; and
(a)(1)(E) include a notice to persons served with a subpoena in a form substantially similar to the subpoena form appended to these rules. A subpoena may specify the form or forms in which electronically stored information is to be produced.
(a)(2) The clerk shall issue a subpoena, signed but otherwise in blank, to a party requesting it, who shall complete it before service. An attorney admitted to practice in Utah may issue and sign a subpoena as an officer of the court.
(b) Service; fees; prior notice.
(b)(1) A subpoena may be served by any person who is at least 18 years of age and not a party to the case. Service of a subpoena upon the person to whom it is directed shall be made as provided in Rule 4(d).
(b)(2) If the subpoena commands a person's appearance, the party or attorney responsible for issuing the subpoena shall tender with the subpoena the fees for one day's attendance and the mileage allowed by law. When the subpoena is issued on behalf of the United States, or this state, or any officer or agency of either, fees and mileage need not be tendered.
(b)(3) If the subpoena commands a person to copy and mail or deliver documents or electronically stored information, to produce documents, electronically stored information or tangible things for inspection, copying, testing or sampling or to permit inspection of premises, the party or attorney responsible for issuing the subpoena shall serve each party with notice of the subpoena by delivery or other method of actual notice before serving the subpoena.
(c) Appearance; resident; non-resident.
(c)(1) A person who resides in this state may be required to appear:
(c)(1)(A) at a trial or hearing in the county in which the case is pending; and
(c)(1)(B) at a deposition, or to produce documents, electronically stored information or tangible things, or to permit inspection of premises only in the county in which the person resides, is employed, or transacts business in person, or at such other place as the court may order.
(c)(2) A person who does not reside in this state but who is served within this state may be required to appear:
(c)(2)(A) at a trial or hearing in the county in which the case is pending; and
(c)(2)(B) at a deposition, or to produce documents, electronically stored information or tangible things, or to permit inspection of premises only in the county in which the person is served or at such other place as the court may order.
(d) Payment of production or copying costs. The party or attorney responsible for issuing the subpoena shall pay the reasonable cost of producing or copying documents, electronically stored information or tangible things. Upon the request of any other party and the payment of reasonable costs, the party or attorney responsible for issuing the subpoena shall provide to the requesting party copies of all documents, electronically stored information or tangible things obtained in response to the subpoena or shall make the tangible things available for inspection.
(e) Protection of persons subject to subpoenas; objection.
(e)(1) The party or attorney responsible for issuing a subpoena shall take reasonable steps to avoid imposing an undue burden or expense on the person subject to the subpoena. The court shall enforce this duty and impose upon the party or attorney in breach of this duty an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney fee.
(e)(2) A subpoena to copy and mail or deliver documents or electronically stored information, to produce documents, electronically stored information or tangible things, or to permit inspection of premises shall comply with Rule 34(a) and (b)(1), except that the person subject to the subpoena must be allowed at least 14 days after service to comply.
(e)(3) The person subject to the subpoena or a non-party affected by the subpoena may object if the subpoena:
(e)(3)(A) fails to allow reasonable time for compliance;
(e)(3)(B) requires a resident of this state to appear at other than a trial or hearing in a county in which the person does not reside, is not employed, or does not transact business in person;
(e)(3)(C) requires a non-resident of this state to appear at other than a trial or hearing in a county other than the county in which the person was served;
(e)(3)(D) requires the person to disclose privileged or other protected matter and no exception or waiver applies;
(e)(3)(E) requires the person to disclose a trade secret or other confidential research, development, or commercial information;
(e)(3)(F) subjects the person to an undue burden or cost;
(e)(3)(G) requires the person to produce electronically stored information in a form or forms to which the person objects;
(e)(3)(H) requires the person to provide electronically stored information from sources that the person identifies as not reasonably accessible because of undue burden or cost; or
(e)(3)(I) requires the person to disclose an unretained expert's opinion or information not describing specific events or occurrences in dispute and resulting from the expert's study that was not made at the request of a party.
(e)(4)(A) If the person subject to the subpoena or a non-party affected by the subpoena objects, the objection must be made before the date for compliance.
(e)(4)(B) The objection shall be stated in a concise, non-conclusory manner.
(e)(4)(C) If the objection is that the information commanded by the subpoena is privileged or protected and no exception or waiver applies, or requires the person to disclose a trade secret or other confidential research, development, or commercial information, the objection shall sufficiently describe the nature of the documents, communications, or things not produced to enable the party or attorney responsible for issuing the subpoena to contest the objection.
(e)(4)(D) If the objection is that the electronically stored information is from sources that are not reasonably accessible because of undue burden or cost, the person from whom discovery is sought must show that the information sought is not reasonably accessible because of undue burden or cost.
(e)(4)(E) The objection shall be served on the party or attorney responsible for issuing the subpoena. The party or attorney responsible for issuing the subpoena shall serve a copy of the objection on the other parties.
(e)(5) If objection is made, or if a party files a motion for a protective order, the party or attorney responsible for issuing the subpoena is not entitled to compliance but may move for an order to compel compliance. The motion shall be served on the other parties and on the person subject to the subpoena. An order compelling compliance shall protect the person subject to or affected by the subpoena from significant expense or harm. The court may quash or modify the subpoena. If the party or attorney responsible for issuing the subpoena shows a substantial need for the information that cannot be met without undue hardship, the court may order compliance upon specified conditions.
(f) Duties in responding to subpoena.
(f)(1) A person commanded to copy and mail or deliver documents or electronically stored information or to produce documents, electronically stored information or tangible things shall serve on the party or attorney responsible for issuing the subpoena a declaration under penalty of law stating in substance:
(f)(1)(A) that the declarant has knowledge of the facts contained in the declaration;
(f)(1)(B) that the documents, electronically stored information or tangible things copied or produced are a full and complete response to the subpoena;
(f)(1)(C) that the documents, electronically stored information or tangible things are the originals or that a copy is a true copy of the original; and
(f)(1)(D) the reasonable cost of copying or producing the documents, electronically stored information or tangible things.
(f)(2) A person commanded to copy and mail or deliver documents or electronically stored information or to produce documents, electronically stored information or tangible things shall copy or produce them as they are kept in the usual course of business or shall organize and label them to correspond with the categories in the subpoena.
(f)(3) If a subpoena does not specify the form or forms for producing electronically stored information, a person responding to a subpoena must produce the information in the form or forms in which the person ordinarily maintains it or in a form or forms that are reasonably usable.
(f)(4) If the information produced in response to a subpoena is subject to a claim of privilege or of protection as trial-preparation material, the person making the claim may notify any party who received the information of the claim and the basis for it. After being notified, the party must promptly return, sequester, or destroy the specified information and any copies of it and may not use or disclose the information until the claim is resolved. A receiving party may promptly present the information to the court under seal for a determination of the claim. If the receiving party disclosed the information before being notified, it must take reasonable steps to retrieve the information. The person who produced the information must preserve the information until the claim is resolved.
(g) Contempt. Failure by any person without adequate excuse to obey a subpoena served upon that person is punishable as contempt of court.
(h) Procedure when witness evades service or fails to attend. If a witness evades service of a subpoena or fails to attend after service of a subpoena, the court may issue a warrant to the sheriff of the county to arrest the witness and bring the witness before the court.
(i) Procedure when witness is confined in jail. If the witness is a prisoner, a party may move for an order to examine the witness in the jail or prison or to produce the witness before the court or officer for the purpose of being orally examined.
(j) Subpoena unnecessary. A person present in court or before a judicial officer may be required to testify in the same manner as if the person were in attendance upon a subpoena.
Advisory Committee Notes
Friday, August 5, 2011
A Suggestion on Location
Currently, VA notaries are required to enter the location of the notary act City or County and Commonwealth of Virginia. Failure to state the location would result in an incomplete notarization. GPS locators are becoming very common. Legislation needs to passed to allow longitude and latitude to the notary certificate in addition to the traditional method of stating location.
Friday, July 8, 2011
Authentication Defined and Explained by the VA Secretary's Web page
Authentications
The purpose of the authentications office is to verify to foreign governments that Virginia officials are in good standing. These officials include notary publics, clerks and deputy clerks of Virginia courts, registrars and deputy registrars of the Department of Health, and the Clerk of the State Corporation Commission.
Authentication of a notarized document is required for conducting international business by individuals and corporations in Virginia. All documents for Authentication must be less than one year old. This means that the issue date on Vital Records must be less than one year from the day processed by our office. On all documents signed by a Notary, Deputy Clerk, or any other Virginia official, that acknowledgement must have taken place less than one year from the day processed.
The Office of the Secretary of the Commonwealth does not regulate what documents are required by the foreign government.
FAQ's
How do I prepare the documents?
Before documents are sent to the Authentication Office, they must have the proper signatures (original signatures only) and/or certificates attached. All correspondence being sent to the Authentication Office must include a Cover Letter (PDF, 71kb | Word, 32kb) and the appropriate fee.
What are the fees?
The fee for authentication of documents is $ 10.00 per document, payable to the Secretary of the Commonwealth. If there are several documents signed by the same public official (notary public, deputy clerk, etc…) on the same date for the same country; the fee is $ 10.00 for the first document and $ 5.00 for each additional document.
Can I mail the documents or do I need to make an appointment?
So that we can accommodate our customers’ requests in a timely manner, we ask that you mail the documents . If documents must be dropped off for processing, the Drop-off/Pick –up schedule is below. Make sure to include the cover letter and the appropriate fee with all documents.
MAIL-IN Instructions
The general turnaround time for mail-in documents is 5 business days - please plan accordingly. Include a cover letter with contact name, daytime telephone number, the country where the document will be used, and a self-addressed, prepaid return mailer to return documents. Documents submitted without a return envelope and postage will be returned regular delivery by the United State Postal Service to the person submitting the documents.
Secretary of the Commonwealth’s Office
Authentication Division
1111 East Broad Street, 1st Floor
Richmond, VA 23219
The purpose of the authentications office is to verify to foreign governments that Virginia officials are in good standing. These officials include notary publics, clerks and deputy clerks of Virginia courts, registrars and deputy registrars of the Department of Health, and the Clerk of the State Corporation Commission.
Authentication of a notarized document is required for conducting international business by individuals and corporations in Virginia. All documents for Authentication must be less than one year old. This means that the issue date on Vital Records must be less than one year from the day processed by our office. On all documents signed by a Notary, Deputy Clerk, or any other Virginia official, that acknowledgement must have taken place less than one year from the day processed.
The Office of the Secretary of the Commonwealth does not regulate what documents are required by the foreign government.
FAQ's
How do I prepare the documents?
Before documents are sent to the Authentication Office, they must have the proper signatures (original signatures only) and/or certificates attached. All correspondence being sent to the Authentication Office must include a Cover Letter (PDF, 71kb | Word, 32kb) and the appropriate fee.
What are the fees?
The fee for authentication of documents is $ 10.00 per document, payable to the Secretary of the Commonwealth. If there are several documents signed by the same public official (notary public, deputy clerk, etc…) on the same date for the same country; the fee is $ 10.00 for the first document and $ 5.00 for each additional document.
Can I mail the documents or do I need to make an appointment?
So that we can accommodate our customers’ requests in a timely manner, we ask that you mail the documents . If documents must be dropped off for processing, the Drop-off/Pick –up schedule is below. Make sure to include the cover letter and the appropriate fee with all documents.
MAIL-IN Instructions
The general turnaround time for mail-in documents is 5 business days - please plan accordingly. Include a cover letter with contact name, daytime telephone number, the country where the document will be used, and a self-addressed, prepaid return mailer to return documents. Documents submitted without a return envelope and postage will be returned regular delivery by the United State Postal Service to the person submitting the documents.
Secretary of the Commonwealth’s Office
Authentication Division
1111 East Broad Street, 1st Floor
Richmond, VA 23219
Sunday, June 26, 2011
Witness and Signer's Address
In some document, the document calls for the signer address and the witness address. I think it would be a wise idea to record the email of signers and witnesses. I will start advocated this. People change telephone numbers and addresses but sometimes a person keeps the same email. If someone needs to try to find someone in the future, an email may be important information
Read The Notary Certificate Carefully
All notaries should read the Notary Certificate carefully!!!!!!!!!!!!If the Notary Certificate contain the names of the witnesses and the signer(s), the notary must check the picture id of all witnesses and document signers and also check the witnesses understand what is happening.
Thursday, April 14, 2011
The Essential Elements of a $86 VA Divorce
1. Final Decree of Divorce This is signed by the Circuit Judge but drafted by the Plaintiff. The Plaintiff also signs the order.
2. Complaint For Divorce Signed by the Plaintiff-not notarized
3. Private Addendum to Decree of Divorce Pursuant to Code sec. 20-121.03 This contain the social security numbers of the litigants and is signed by the Plaintiff. This document restricts disclosure of the social security numbers.
4. Waiver of Notices The defendant appears before a notary (who does a jurat) and states the defendant does not contest the action, and waives all future notices of the case. The notary needs to make absolutely sure that the signed reasonable understands this document!!!!
5. Marital Separation and Property Settlement and Custody Visitation Agreement.If there are no children one would omit the custody and visitation. The signature of both parties is notarized.
6 Answer to Complaint for Divorce Signed by the Defendant and not notarized
ALL document are submitted to the clerk of the Circuit Court with a payment of $86 CASH. The Court will review the documents and set a date where the Plaintiff and a collaborative witness appears in Court.
2. Complaint For Divorce Signed by the Plaintiff-not notarized
3. Private Addendum to Decree of Divorce Pursuant to Code sec. 20-121.03 This contain the social security numbers of the litigants and is signed by the Plaintiff. This document restricts disclosure of the social security numbers.
4. Waiver of Notices The defendant appears before a notary (who does a jurat) and states the defendant does not contest the action, and waives all future notices of the case. The notary needs to make absolutely sure that the signed reasonable understands this document!!!!
5. Marital Separation and Property Settlement and Custody Visitation Agreement.If there are no children one would omit the custody and visitation. The signature of both parties is notarized.
6 Answer to Complaint for Divorce Signed by the Defendant and not notarized
ALL document are submitted to the clerk of the Circuit Court with a payment of $86 CASH. The Court will review the documents and set a date where the Plaintiff and a collaborative witness appears in Court.
Thursday, March 17, 2011
VA Governor has appointed me to another term as Notary Public
The Governor of the Commonwealth has appoint me to another term as Notary Public for the Commonwealth at Large. My term runs through 3/31/20015. I elected to be sworn in at the Alexandria Circuit Court.
With the letter announcing my appointment there was a document entitled IMPORTANT GUIDELINES FOR VIRGINIA NOTARIES:
Some of the main points are:
1)A notary is a public official appointed by the Governor. No employer or supervisor may impose requirements pertaining to a notary that are contrary to Virginia's laws or regulations pertaining to notaries
2} "A notary can not notarize his or her own signature , the signature of his or her spouse, or a document in which the notary or notary's spouse may benefit."
3)" Every effort should be made to have complete notarization on the same page as the signature(s)being notarized. If the notarization is on a separate page from the signature(s), the notarial statement must include the name of each person whose signature being notarized."
4)Any new notary laws will be posted on July 1 on the web site www.commonwealth.virginia.gov/OfficialDocuments/Notary/notary.cfm
With the letter announcing my appointment there was a document entitled IMPORTANT GUIDELINES FOR VIRGINIA NOTARIES:
Some of the main points are:
1)A notary is a public official appointed by the Governor. No employer or supervisor may impose requirements pertaining to a notary that are contrary to Virginia's laws or regulations pertaining to notaries
2} "A notary can not notarize his or her own signature , the signature of his or her spouse, or a document in which the notary or notary's spouse may benefit."
3)" Every effort should be made to have complete notarization on the same page as the signature(s)being notarized. If the notarization is on a separate page from the signature(s), the notarial statement must include the name of each person whose signature being notarized."
4)Any new notary laws will be posted on July 1 on the web site www.commonwealth.virginia.gov/OfficialDocuments/Notary/notary.cfm
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