Types of notarial certificates are:
An acknowledgment is a declaration by an individual before a notarial officer that:
(1) the individual has signed a record for the purpose stated in the record; and
(2) if the record is signed in a representative capacity, the individual signed the record with proper authority and signed it as the act of the individual or entity identified in the record.
A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, all of the following:
(1) The individual appearing before the notarial officer and making the acknowledgment has the identity claimed.
(2) The signature on the record is the signature of the individual.
An oath is a formal declaration or promise to perform an act faithfully and truthfully or an affirmation of the truth of a statement. Oaths are usually given for three purposes:
(1) That a statement is the truth;
(2) That the testimony he or she will be giving will be the truth;
(3) That he or she will faithfully perform the duties of a public office.
Oaths may be spoken or written. An oath that is not based on an appeal to a higher power or supreme being is called an affirmation. Individuals who prefer not to swear may make an affirmation.
A verification on oath or affirmation is a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true. The term includes an affidavit.
A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, all of the following:
(1) The individual appearing before the notarial officer and making the verification has the identity claimed.
(2) The signature on the statement verified is the signature of the individual.
A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, all of the following:
(1) The individual appearing before the notarial officer and signing the record has the identity claimed.
(2) The signature on the record is the signature of the individual.
A notarial officer who certifies or attests a copy of a record or an item which was copied shall determine that the copy is a complete and accurate transcription or reproduction of the record or item. The notary public must make sure that the copy is exactly the same as the original.
Pennsylvania Notaries public may not certify certain Federal, State or County records. Only the agencies where these records are filed may certify copies, because they alone hold the original documents or records. This would include the following types of documents:
A deposition is an involuntary sworn statement made by a witness for use in legal proceedings. In taking a deposition, the notary public should first make sure the witness is sworn in (see Oaths and Affirmations above). The notary should then personally record or supervise the recording of the testimony of the witness. After the testimony is transcribed, the notary should let the witness read and sign the transcribed copy of the deposition. The notary then certifies that the witness was sworn and that this document is a true and record of the witness’ testimony. The deposition should be sealed in an envelope and filed with the court or sent to the prothonotary for filing.
If a videotaped deposition is requested, the notary should make sure the witness is sworn. However, it is unnecessary to have a stenographic transcript and the witness’ signature. The videotape should be given to the attorney for the party requesting the deposition.
Signed by Jessica
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