Posted by Susan@MA on 3/10/05 3:45pm
Msg #24803

Question about procedures

Bear with me please.... I am new to this notary stuff. I just retired from my job of 30 years managing 2,000 or so employee's. I wish to live out my life serving as a notary public. Some of these chatrooms are new to me, so if I make a mistake, please let me know.
Does any body know what format a subpena should be in? I noticed the posting from earlier and was wondering more about subpenas being issued by a notary public. I know MASS notaries can issue them. What do I do and how do I do it? Does the MASS notary have to be an attorney or legal being to issue?
Also i'm new to this notary public gig and I want to know where I can go to find more infromation about the role of Mass notaries. Any and all information will be helpful.
Is there anything I can purchase to assist me in my notary journey because the secretary of state doesn't sponsor or provide any information about the notary public office, all we got was our commission certificate, identification, and a little pamphelet.


Sincerely,
Susan B.
Massachusetts Notary Public

Reply by Charm_AL on 3/10/05 3:55pm
Msg #24805

Hi Susan... I found this board and everything I think I need to know by tirelessly searching online. I found my state laws and many helpful and informative. If you use keywords you'll be surprised what you learn. Also, serving subpeonas is dangerous work. I and many others won't do it.

Reply by Susan@MA on 3/10/05 4:02pm
Msg #24806

Hi Charm.... i'm not talking about serving subpenas, i'm talking about issuing them. A MASS notary is allowed to issue subpenas and summons's. How do I do that and do you know of a few books or something I can buy to help me on this new jorney?

Reply by Ted_MI on 3/10/05 4:17pm
Msg #24808

Re: Agree with Charm

Yep, if you're thinking of getting involved in serving subpoenas, I definitelly would do a bigtime search. One woman had a very harrowing experience (which she posted)!!

Reply by Korey Humphreys on 3/10/05 5:25pm
Msg #24815

Take it from an MA Notary

Hello Sue,

Your question is "How do I ISSUE a Subponea?" I'm not sure where the confusion lies, however serving to someone, and issuing are two different things.

A Massachusetts Notary Public is considered (A) Public Officer; (B) Judicial Officer; and (C) Public Servant, and is authorized to issue Subpoenas and Summonses, as well as acknolwedge various other Court Orders. (MGL c. 222 s 1)

Normally, when you are asked to issue a subpoena, the requesting party already has the subpoena filled out and ready for you. All you do is sign your name, and enter your notary public information (ie: expiration date). Then you just seal it and it becomes enfoceable.

However, if you are asked to create one from scratch then three common elements must be met to make it legaly binding. (1) The courts name and address where the case is pending must appear; (2) The docket number/case number must appear (client or the clerk of court will provide you with this information if client/customer does not) and (3) the party(ies) to whom the Subpoena is issued to must appear.

A Subpoena is equivalent to a Summon's in Massachusetts. Look up Rule 45 of the Massachusetts Rules of Civil Procedure and that will explain to you that a Notary can issue subponea's and summonses in all cases pending.

I believe no other state allows a Notary Public to issue subpoena's, summonses, and other court orders, therefore, the confusion of serving and issuing will always arise. You can serve the subpoenas as a disinterested party. Issuing it does not make you interested or involved. Disinterested as the court interprets it is "a person not a party to the case or named therein".

Most Notaries can perform wedding ceremonies, however MA notaries do not. We leave that task to our Justice's of the Peace. For which I am awaiting my appointment approval. You should look up the Governor's Executive Order 455 (04-04) for more information and detailed description of your powers and duties.

One other thing that stands out to me is the fact that we MA notaries are authorized to open bank safe deposit boxes and list their contents. I'm not sure if every state has this authority/duty, but we're from MA and that's what matters.

To make your search easy, I have created a website that contains the Governor's Executive Order as well as more in-depth information on the Massachusetts Notary. Go here: http://massachusetts.notary4hire.com or email me at: [e-mail address].

I will be more then happy to guide you on your journey as a Massachusetts Notary Public. Where about's in MA are your from? I'm from Middlesex County. My office is in Ayer Massachusetts.

Yours Truly,
Korey Humphreys

Reply by Korey Humphreys on 3/10/05 5:41pm
Msg #24818

In addition....

I just remembered that you as a Notary Public can devote your time to taking and recording testimony by way of a deposition. It's good money and it's easy work. You just gotta have patience and a good sense of judgment. I've only "presided" over two depostions since I became a notary, and it's one of the best expirences I've had thus far.

A deposition is oral questioning from both sides of a case taken before an officer authorized to administer oaths and record testimony outside of court.

When you take a deposition in MA you act like the judge. You run the show. You tell which side can speak, and tell whoever to act in your favor. If anyone fails to comply with you during the deposition, then you just make a note of it for the Trail Justice (Court Judge) and request that the Judge issue sanctions (penalties) for the non-cooperation.