Legal Definitions - notorial

The term notorial is an alternative form of notarial, which refers to anything pertaining to the actions, duties, or services performed by a notary public.

A notary public is an impartial witness authorized by the state to perform various official acts, primarily to deter fraud. These acts typically include:

• Witnessing the signing of important documents.
• Administering oaths and affirmations.
• Certifying copies of documents.
• Taking acknowledgments (verifying the identity of a signer and confirming they signed voluntarily).

Essentially, any action taken by a notary public to authenticate a signature, verify an identity, or administer an oath is considered a notorial act, adding a layer of legal validity and trustworthiness to the document or statement.

Examples of Notorial Acts:

• Real Estate Transaction: When a person sells their property, the deed transferring ownership to the new buyer must often include a notorial acknowledgment. This means a notary public verifies the identity of the seller and confirms that they signed the deed willingly and knowingly. The notary's signature and seal on the deed provide legal assurance that the document was properly executed, which is crucial for recording the transfer with the county.

• Power of Attorney: If an individual wishes to grant someone else the authority to make financial or medical decisions on their behalf through a power of attorney document, it typically requires a notorial certification. A notary public will witness the signing of the document, confirm the identity of the person granting the power, and ensure they appear to be signing voluntarily. This notorial oversight helps prevent fraud and ensures the document's legal enforceability.

• Affidavit for Court: In a legal case, a witness might need to submit an affidavit, which is a written statement made under oath. The process of the witness swearing to the truthfulness of their statement before a notary public, who then signs and seals the document, is a notorial act. This act formally attests that the statement was made under oath, making it legally binding and admissible as evidence in court.