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Evidentiary Requirements for Electronic Notarization and the Legalization of Certified Electronic Documents

By Timothy Reiniger, Esq.

Notaries have long been critical components in authenticating documents.  If a document has been notarized, it is “self-authenticated” under Rule 902, Federal  Rules of Evidence. No witness or other extrinsic evidence is necessary to provide the  authentication foundation. The document comes directly into evidence, where the opposing party can challenge its authenticity with controverting evidence. 

In the traditional physical realm, notaries confirmed the identities of signers,  their intent to be bound by the document to be signed, and the completeness of the  document to be signed. After witnessing the act of signing, or the affirmation of a  signature, they provided the notarial act of attesting to the signature by applying their  seal and other official information to the physical document. The act of the notary  proved identity, intent, and the genuineness of the entire record at the time of signing.  The notary made an official record of the date. As for continuing integrity of the  information in the document, the notarial system then depended, like the rest of society,  on the physical nature of the artifact to preserve the integrity of the document that had  been notarized. One of the keys to the system was a physical seal, also an artifact of  sorts that could be traced to the notary. (Click here to continue reading)