Is it legal for a lawyer to file sworn statements that aren't notarized?

[Isis1]

It is perfectly legal to have signed statements submitted to court without a notary. It's called an affidavit. A declaration. In fact, notaries are almost useless in courts.

 

[MiguelT]

It is perfectly legal to have signed statements submitted to court without a notary. It's called an affidavit. A declaration. In fact, notaries are almost useless in courts.

My apologies, I think you're going by the old title that was kind of misleading before I'd changed it, apparently it hadn't shown up in the forum though. It's not so much about it being notarized as it being false or misleading and not even reviewed by the person in whose name it was filed...

 

[FlyingRon]

All a notary provides is a cursory check that the signature attached was made by the person it claims to be. A notary doesn't convey any review or level of authenticity other than that.

As mentioned, it almost never is necessary in court as eventually the person making the declaration or whatever will appear to affirm that they did make that statement.

 

[MiguelT]

ok, there's been some confusion, unfortunately I used the "report" function to get the title changed to "Is is legal for an attorney to file false sworn statements" and unbeknownst to me posts disappear as soon as you report them, so now all the info on the situation (that doesn't really have to do with notarizing at all) has vanished for the time being...

 

[latigo]

It is perfectly legal to have signed statements submitted to court without a notary. It's called an affidavit. A declaration. In fact, notaries are almost useless in courts.

"A doughnut without the hole is a Danish.”

BUT a signed declaration without a notary’s jurat IS NOT AN AFFIDAVIT! * Geez,Isis.


[*] "An affidavit is defined as an oath in writing signed by the party deposing, sworn before and attested by him who hath authority to administer the same."

 

[Isis1]

And the legal definition of a declaration is......

 

[latigo]

And the legal definition of a declaration is......

Well it sure as heck is not an affidavit - if that is what your truncated response was meant to imply. Not unless the written statement is signed and sworn to before a notary public or some other person authorized by law to administer oaths.

However, since you’ve asked:

“Declaration – 1. Act of elucidating (obs.)

2. Act of declaring; proclaiming or publicly announcing; explicit assertion;

3. That which is declared or proclaimed; announcement; formal expression; avowal; also a document or instrument containing such a statement.

7. Law - In common law practice the first pleading in an action setting forth the plaintiff’s complaint and demand for relief; the narration of a plaintiff’s case contain a count or counts.

8. Racing – A formal withdrawal of a horse from a race.”

(Webster’s New International Dictionary of the English Language – Unabridged page 681)
________________

Now please explain what you intended by your ill-advised statement that the services of a notary public are “almost useless” in a court of law.

Because you would ever have made such a remark had you ever filed a verified pleading or petition in a court of law, or filed or responded to a motion for summary judgment, a motion for judgment on the pleadings; or a prepared a return of service; or drawn any of the other countless court documents requiring the administering of an oath to the person signing the document.

 

[Isis1]

I have done all those things you have listed. I have never not once had any of those documents notarized. Nor has ever been required. I've worked for a family law attorney for 3 years and never once did we need the services of the notary that i worked with.

 

[latigo]

I have done all those things you have listed. I have never not once had any of those documents notarized. Nor has ever been required. I've worked for a family law attorney for 3 years and never once did we need the services of the notary that i worked with.

If you should ever return to work as an underling in a law office, I suggest that you pay better attention to the flow of paper work. Because to assert that the services of a notary public are never required in the operation of a law office IS PREPOSTEROUSLY ABSURD!

Incidentally Isis, in my teens one of my after school jobs was at a local movie theater where I changed the marquee, sold popcorn, chased the usherettes, picked up and redelivered the reels at the airport and snuck my buddies in through the back stage door.

BUT I SURE AS HELL DIDN'T LEARN ANYTHING ABOUT PRODUCING, DIRECTING OR ACTING IN A MOTION PICTURE! Nor even how to operate a projector.

 

[proud_parent]

Incidentally Isis, in my teens one of my after school jobs was at a local movie theater where I changed the marquee, sold popcorn, chased the usherettes, picked up and redelivered the reels at the airport and snuck my buddies in through the back stage door.

BUT I SURE AS HELL DIDN'T LEARN ANYTHING ABOUT PRODUCING, DIRECTING OR ACTING IN A MOTION PICTURE! Nor even how to operate a projector.

But you sure as heck DID learn how to create drama.