I have a question regarding witnessing and notarizing a document. Can a Notary both witness and notarize documents? — D.S., Mount Laurel, NJ
It depends. Acting as a witness and a Notary on any given document is not expressly prohibited by New Jersey’s Notary law. However, if the signature of the witness must be notarized, this would automatically disqualify the Notary from signing as a witness since Notaries cannot notarize documents in which they are named.
Notaries in other states should check the Notary handbook or commissioning official’s website for specific guidance on whether Notaries can be both a witness and Notary to the same document. For example, in Florida and Georgia, Notaries may serve as both a witness and Notary to the same document, but in North Carolina, they may not.
Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors
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