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Terms Used In New Jersey Statutes 52:7-10.8

  • 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.
  • Oath: A promise to tell the truth.
  • oath: includes "affirmation. See New Jersey Statutes 1:1-2
17. Requirements for Certain Notarial Acts.

a. A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.

b. A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.

c. A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.

d. A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item.

e. A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in subsection b. of N.J.S. 12A:3-505

f. For the purposes of this section:

(1) A notarial officer has personal knowledge of the identity of an individual appearing before the notarial officer if the individual is personally known to the notarial officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.

(2) A notarial officer has satisfactory evidence of the identity of an individual appearing before the notarial officer if the notarial officer can identify the individual by means of:

(a) A passport, driver’s license, or government-issued, non-driver identification card, which is current or expired not more than three years before the performance of the notarial act; or

(b) Another form of government-issued identification, which is current or expired not more than three years before the performance of the notarial act, and which:

(i) contains the individual’s signature or a photograph of the individual’s face; and

(ii) is satisfactory to the notarial officer; or

(c) A verification of oath or affirmation of a credible witness personally appearing before the notarial officer or using communication technology to appear before the notarial officer pursuant to section 19 of P.L.2021, c.179 (C. 59:7-10.10)and personally known to the notarial officer or whom the notarial officer can identify on the basis of a passport, driver’s license, or government-issued, non-driver identification card, which is current or expired not more than three years before the performance of the notarial act.

(3) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the notarial officer of the identity of the individual.

L.2021, c.179, s.17.