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80 Cards in this Set
- Front
- Back
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If a doc gets rejected because of a notary's mistake, can the notary renotarize?
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Yes. Only if the signer is again present for the notarization.
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What is the first crucial step when notarizing a document.
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Identifying the document signer.
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Verifying the truthfulness of a document is.....
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"NOT" an important aspect. Don't get confused on the test thinking this must be done. You only scan the doc.
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In certain cases a notary is allowed to just stamp & sign a document.
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False. Every notarization needs certificate wording to exactly explain what the Notary is certifying.
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When a singner is uncertain about what type of notarization to ask for,can a Notary explain the differences between an acknowledgement & a jurat?
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Yes. But the final choice must be made by the signer.
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Define personal appearance.
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Being face to face in the same room.
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What if a wheelchair bound person wants to stay in the car. Can you notarize?
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Yes. You may refuse in this instance or you can perform the notarization in the car.
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Should the notary ask the signer to fill in any blanks in an incomplete document.
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Yes. If the spaces are intended to be blank the signer should be asked to line thru each space or write N/A in the blank.
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What is an example of when a space may be left blank?
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(1) Signature lines for signers who are not in Notary's prescence.
(2) Spaces reserved for the county recorder. |
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When scanning the doc for blank spaces what else must you check for?
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Title, date, # of pages. Signatures. All signatures must be origional, in ink, and you must compare them with the signatures on ID card & IN THE NOTARY JOURNAL.
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Should notary refuse to notarize any doc whose text is blank or incomplete?
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Yes. That is the purpose of scanning a doc.
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You are asked by the client to notarize (but not read) content on an affidavit.
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Be kind but firm to the signers. Explain that anything you read will be held in the strictest confidence. Explain that you have to "SCAN" the doc to make sure all blank areas are completed, including docs title & number of pages.
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What is the most important function of a notary?
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Identifying document signers. Notary is gatekeeper who screens ouot imposters & protects the community from fraud.
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What does positive identification mean?
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Having no doubts about the persons identity.
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What are the 3 ways to identify a doc signer?
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(1) personal knowledge of signer.
(2) ID Cards (3) the sworn word of a credible identifyng witness. |
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Personal knowledge requires?
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Familiarity with an individual resulting from interactions with that person over a period of time sufficient to illiminate reasonable doubt.
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What is the length of time that you must know the signer using your personal knowledge?
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Long enough to remove every reasonable doubt.
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Are all ID's legal?
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NO. State laws vary from state to state.
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In the absence of state mandated guidelines what standard should you follow?
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(1) a photograph
(2) a physical description of the signer. (3) the signers signature. |
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Can you accept drivers licenses frm Canada or Mexico?
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Yes. You can accept DL from Mexico & Canada.
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Can a passport be used as an ID?
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Yes. Remember that if a foreign citizen used this as ID the passport must bear a visa stamp of the US Citizenship and Immigration Svcs.
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What must a foreign student or temp worker have included with Passport ID?
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I-9 form attached to their passport.
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What are some other commonly used ID's?
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Federal ID (military personal of Army, Navy, Air Force, Marine, Coast Guard).
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What are some types of State, county & local Gov ID's?
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Barbers & taxi drivers may possess licensing papers with a photo.
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Can green cards be used?
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Yes. Also known as Alien Reg Rcpt Cards.
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Can Border Crossing Cards be accepted?
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Yes. Issued by US Citizenship & Immigration Services.
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If the signers name appears on the ID as Barry Buyer can he sign as Barry B. Buyer?
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No. He must sign in accordance with his ID.
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If the signers name appears as Barry Bart Buyer on his ID card, can he sign as Barry B. Buyer.
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Yes. He can sign as Barry B. Buyer.
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When a doc signer is not personally known to the notary & is not able to present reliable ID, can that signer be ID'd on the oath or affirmation of a reliable witness?
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Yes. A credible witness is like a human ID card who ID's the signer.
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A credible identifying witness must be personally known by who?
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Both the notary & the signer.
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A credible ID witness must have what characteristics?
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Honest, aware and impartial to the matter at hand.
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What if the Credible ID witness has a beneficial interest in the doc?
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You cannot use that person as a credible ID witness.
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Does the credible ID witness have to take the oath or affirmation?
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Yes. Credible witness has to take oath or affirmation.
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What is the wording of the oath or affirmation?
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Do you solomly swear (or affirm) that you know the signer truly holds the identity he/she claims.
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Does the oath have to be spoken out loud?
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Yes. The oath has to be spoken out loud.
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How does the credible ID witness respond?
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Yes. I do, or similar response.
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Is it the notary's responsibility to detect the signers willingness when signing?
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Yes, you need to carefully watch for any indications that someone is being coerced.
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What does willingness mean?
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The signing of the doc is a voluntary act & deed, freely made, without duress or undue influence.
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Signs to watch for when determining willingness.
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(1) Does the signer repeatedly express reservations about signing
(2)record in you journal what led you to believe signing was coerced. (3) Contact police after signer has left. |
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What is the best way to check the awareness of the signer?
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Ask them the title of this doc, if there is one. Ask what the doc's purpose is or what the transaction accomplishes
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What if the signer is heavily intoxicted or medicates?
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Determine if the signer can engage in an intelligible conversation. If able, consider that person aware and proceed. If not, try to delay the notarization.
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What steps can you take to help the sight, blind or hearing impaired.
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Write notes for the hearing or speach impaired.
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Can age be a factor in determining if someone is not qualified to sign.
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Yes. Minors, in most states, is considered a disqualification for legal competence.
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Explain the importance of keeping a journal.
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It will deter or allow detection of many frauds. It can minimize liability by showing reasonable care was executed. It is sound business practice.
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Can the notary's journal provide valuable evidence in the evnt a notarized doc is lost or altered.
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Yes. The journal can provide valuable evidence
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Can the journal entries protect the rights of individuals and help the notary against false accusations?
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Yes.
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Should the notary book have bound pages, not loose-leaf, and should the pages be numbered?
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Yes. the book should have bound pages.
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The notary must complete, sign, and seal wording to indicate exactly what the notarization has certified. What is this called?
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The Notarial Certificate
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Are there more than one type of certificate?
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Yes. Because the notary certifies a different set of facts in each type of notarial act, each act requires a different notarial certificate.
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Do most states require specific certificate wording as set forth in law?
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Yes. Most states require specific cert wording
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What are some items that the notary must verify ON THE CERTIFICAT that is being notarized?
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(1) Correct venue
(2) Appearance of all signers NAMED in the cert. (3) Correct spelling of names (4) Method of ID (5) Dates |
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Can you ever backdate a notarial certificate?
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NO, never backdate a cert.
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Is a future date of signing following the date of notarization possible.
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NO! Future date of signing must be refused.
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Is it true that every certificate completed by a notary contains a statement that the signer signed or acknowledged signing "before me" or "in my presence"?
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Yes. There is a statement that the signer signed "before me" or "in my presence".
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Sometimes notaries will not require signers to appear before them because they are familiar with their signature. Is this legal?
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NO, NEVER, NADA
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Can you ever give advise?
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NO. You can be held liable if you give faulty advise.
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Can the notary ever prepare or draft documents?
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NO. A notary should never prepare or draft documents.
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Can the notary ever offer recommendation on how they should proceed with a doc?
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NO. This includes deciding what type of notarization you think is necessary for a particular notarizaton.
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Can practicing attorneys give advise and prepare docs?
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Yes. Practicing attorneys can give advise and prepare docs.
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Do documents(i.e. quitclaim deeds) have to be signed by the grantor or witness before the notary can notarize them.
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Yes.
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Affixing a seal to a document signifies what?
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Closure and authenticates that particular document.
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Can I notarize a Will?
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Sometimes. You should only notarize a will if clear instructions and a notarical certificate are provided. Adv client to see an attorney for questions.
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Describe an electronic signature?
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(1) a typed name such as one onthe signature line if an electronic doc or at the bottom of email. (2) A click wrap signature created when a signer clicks an "I accept" or "Click to Sign" option in a software application.
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What is a Jurat?
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A notarial act in which a notary certifies that a signer is personally known to the notary or proven on the basis of satisfactory evidence, has made, in the notary's presence, a voluntary signature and taken an oath or affirmation vouching for the truthfulness of the signed doc.
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Describe a Notarial Certificate
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The part or attachement to a notarized document for completion by the notary and bearing the notary's signature and seal.
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What is a notary?
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Any person commissioned to perform notarial acts by the Lt. Gov of the State of Utah.
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What is an OATH?
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A solemn spoken pledge to a supreme being.
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What is an Affirmation?
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A solemn spoken pledge on ones own personal honor, with no referance to a supreme being.
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A satisfactory evidence of identity DOES NOT INCLUDE?
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(1) driving privilege card
Effective Jan 1, 2010. A driving privilege card is a doc granted & issued to drive a motor vehicle to a person who does not provide evidenceof lawful presence in the US. |
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What is one of the most common forms of notarization?
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Acknowledgement. Typically they are executed on deeds & other docs affecting real property that will be filed with a County Recorder.
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What if a person objects to giving an oath to a supreme being.
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They can give an affirmation instead.
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Are Utah notaries authorized to give an oath or affirmation?
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Yes. Utah notaries are authorized to give oaths and affirmations.
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Can a corporation take an oath?
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NO. A person maynot take an oath or affirmation in behalf of a legal entity such as a corporation or partnership.
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Can a notarial certificate direct notaries to administer an oath to a corporate signer to compel the person to be truthful about having the authority to sign.
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Yes. In some instances it is the individual, not the entity, taking the oath.
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Is it a legal requirement to raise your right hand when stating the oath?
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NO, but some situations recognize ceremony.
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When do you sign and notarize a jurat?
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IN notarizing affidavits, depositions & other forms of written verification REQUIRING AN OATH.
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What is the purpose of a jurat?
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Only used when compelling truthfulness by appealing to the signers conscience & fear of criminal penalty.
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What is the wording for the Jurat oath?
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Do you solemnly swear that the statements in this document are true to the best of your knowledge and belief, so help you God?
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What is a deposition?
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A signed transcript of the signers oral statements taken down for use in a judicial proceeding.
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What is an affidavit?
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A signed statement made under oath or affirmation by a person called an AFFIANT, the notary must adminsiter an oath or affirmation and complete some form of jurat, which the notary signs and seals.
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