Legal Definitions - public instrument

A public instrument is a formal document that is created, issued, or recorded by a government agency, a public official, or under official public authority. These documents are generally intended to be part of the public record, provide official proof of certain facts or transactions, and are often presumed to be authentic and accurate because of their official origin. They serve as reliable evidence in legal and administrative matters.

Here are some examples to illustrate this concept:

• Example 1: A certified copy of a birth certificate.

  When a child is born, the birth is registered with a state or local government vital records office. The resulting birth certificate, issued by this official agency, is a public instrument. It serves as official proof of a person's birth date, place, and parentage, and is widely accepted as authentic for purposes like obtaining a passport, enrolling in school, or proving identity.

• Example 2: A recorded mortgage document.

  When someone takes out a loan to buy a house, a mortgage document is signed and then officially filed and recorded with the county recorder's office. This recorded document becomes a public instrument. It publicly establishes the lender's lien on the property and is accessible to anyone who wishes to verify the property's encumbrances, providing official notice of the debt against the property.

• Example 3: A court order granting a divorce.

  After a divorce proceeding, a judge issues a formal document, known as a divorce decree or judgment, which legally terminates the marriage and outlines the terms of the separation (e.g., child custody, property division). This official court order, filed with the court clerk, is a public instrument. It serves as definitive legal proof of the dissolution of the marriage and the agreed-upon terms, and can be presented to government agencies or private entities as needed.