Posted by Korey Humphreys on 2/26/05 7:58pm
Msg #22668

Issue Subpoena as Notary

Okay, I've browsed through a couple of state websites listing the duties/authority of a Notary Public for that state. In Massachusetts we Notaries can issue subpoenas and summonses (pretty much the same thing) in all cases pending before the courts.

Seeing as how I work as a Paralegal, I tend to issue at least ten subpoenas a week for the attorney's and public. (Mostly attorneys). So I'm curious, what other states allow a Notary Public to issue subpoenas and or summonses?

If all do, then I do apologize for my "dumb" question.......... but I am really curious!!

Like I said, I searched a couple of states and couldn't see this as one of their duties/authority.


Thanks in advance,
Korey

Reply by PAW_Fl on 2/26/05 8:30pm
Msg #22682

Not an authorized function of a Florida Notary Public.

Notaries are authorized by law to perform six basic duties:


Administer oaths or affirmations

Take acknowledgments

Attest to photocopies of certain documents

Solemnize marriage

Verify vehicle identification numbers (V INs)

Certify the contents of a safe-deposit box

Each of these duties is explained in detail in the Florida Governor's Reference Manual for Notaries.

Reply by BrendaTX on 2/27/05 12:56pm
Msg #22735

Korey,

Though this it is not listed in the functions of a Texas Notary under the general provisions of office in Texas Govt Code 406, Texas notaries are authorized to issue a subpoena meeting certain criteria. There is more than one Texas statute or rule one should reference to determine the criteria.

And, for the purposes of this forum, it would not be prudent for me to say further than that. Given the criteria, IMHO a notary in Texas should not even consider issuing a subpoena unless they are working in the employ of an authorized court or Texas attorney. It would be UPL for me to explain what "authorized court" means in the scope of this forum.

Since you are a paralegal and have interests along these lines, for more info you can start with Texas Rules of Civil Procedure, and I *think* the Section is 121. But again, I know the seriousness of offense taken by the UPL section of the State Bar of Texas for a layperson to give opinions or advice regarding these matters.

Reply by fiKS on 2/26/05 10:19pm
Msg #22699

Not a duty of NP in Kansas but any disinterested party over 18 can do it.

Reply by Korey Humphreys on 2/27/05 10:17am
Msg #22718

Any disinterested party can issue a subpoena???? I think you may be thinking serving a subponea.

Issuance is usually done by a judicial / public officer authorized to command (summon) someone.

Reply by fiKS on 2/27/05 11:54am
Msg #22725

Yes, I meant "serving" n/m

Reply by Jon on 2/26/05 11:23pm
Msg #22704

In Ca, that is not one of the duties of a notary public.