Wednesday, March 5, 2008

Substitute for Notorization

The Utah Legislature recently passed a law allowing a person to self-authenticate his or her signature in certain circumstances, rather than have it notarized by a notary public. In lieu of having a notary public authenticate the signature, the person signing the document will sign and date the document a second time with language provided in the statute that is in the following form:

"I declare (or certify, verify, or state) under criminal penalty of the State of Utah that the foregoing is true and correct."

It is important to note that a party may only self-authenticate where the Utah Rules of Criminal Procedure, Civil Procedure, or Evidence require or permit notarization. Consequently, self-authentication likely is not permissible in other contexts where notarization is required (i.e., execution of deeds or similar conveyances).

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