Idaho Code 51-113 – Notarial Act Under Federal Authority
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(1) A notarial act performed under federal law has the same effect under the law of this state as if performed by a notary public of this state if the act performed under federal law is performed by:
(a) A judge, clerk or deputy clerk of a court;
(b) An individual in military service or performing duties under the authority of military service who is authorized to perform notarial acts under federal law;
(c) An individual designated as a notarizing officer by the United States department of state for performing notarial acts overseas; or
(d) Any other individual authorized by federal law to perform the notarial act.
(2) The signature and title of an individual acting under federal authority and performing a notarial act are prima facie evidence that the signature is genuine and that the individual holds the designated title.
Terms Used In Idaho Code 51-113
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Notarial act: means an act, whether performed with respect to a tangible or electronic record, that a notarial officer may perform under the law of this state. See Idaho Code 51-102
- Notary public: means an individual commissioned to perform a notarial act by the secretary of state. See Idaho Code 51-102
- Signature: means a tangible symbol or an electronic signature that evidences the signing of a record. See Idaho Code 51-102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Idaho Code 51-102
(3) The signature and title of an officer described in subsection (1)(a), (b) or (c) of this section conclusively establish the authority of the officer to perform the notarial act.