Rule 3-307. Court notaries.

Intent:

To establish a uniform procedure for the appointment of court notaries.

To establish a uniform procedure for providing service to members of the public and the bar.

To establish the authority and duties of court notaries.

To establish uniform court fees for the provision of notary services.

Applicability:

This rule shall apply to all courts of record.

Statement of the Rule:

(1) Authority.

(A) The court executive of each judicial district may appoint the court clerk or a deputy court clerk to act as the court notary within that court location.

(B) The court notary shall comply with all provisions contained in Utah Code Ann. Section 46-1-1 et seq., except as otherwise provided in this rule.

(2) Qualifications. Each court notary shall possess the qualifications set forth in Utah Code Ann. Section 46-1-3 for a notarial commission.

(3) Powers. Court notaries may exercise notarial powers during regular court hours for documents presented for filing with the court for the following purposes:

(A) acknowledgments;

(B) jurats; and

(C) copy certifications.

(4) Expenses. The state shall assume the costs associated with the filing of the application for commission, obtaining a bond, and purchasing of the notary seal.

(5) Fees. The court notary shall collect the maximum fees for notarial services authorized by Utah Code Ann. Section 46-1-12. All fees collected shall be deposited in the state general fund.

(6) Record. The court notary shall maintain a log for the purpose of recording each notary service performed, the name of the requesting party, a description of the document notarized, the date, and the amount of fees collected.

(7) Revocation. The court executive may recommend revocation of the notarial commission of the court notary to the Division of Corporations and Commercial Code on grounds for which a commission may be denied under Utah Code Ann. Section 46-1-3.

(8) Termination. Upon termination of employment, the court notary shall surrender the notary seal and notify the Division of Corporations and Commercial Code.

(9) Advertisement. Court notaries shall not actively compete for services with notaries public by means of advertisement or solicitation of business, but shall provide notary services upon request.

(10) Other notaries. The provisions of this rule shall not be construed to vest exclusive notarial powers with the court notary within a court clerk's office. Employees of the judiciary who independently obtain notarial commissions may exercise notarial powers and collect fees for services performed outside of regular court hours; however, in the absence of the court notary, such persons may provide notarial services during regular court hours in accordance with all provisions of this rule.

(11) Indemnification. Court notaries who are performing notarial services in their official capacity during regular court hours shall be held harmless and indemnified in accordance with Utah Code Ann. Section 63-30-1 et seq. Court employees who perform notarial services outside of regular court hours shall assume full responsibility for their own defense and shall indemnify, save harmless and defend the state, the court and its employees, officers and authorized agents from and against any and all claims arising out of or by reason of the court notaries' acts or failures to act.