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)