§39-4-6a. Remote Acknowledgements and Notarizations Under Covid-19 Executive Order Deemed Valid
Acknowledgements and notarizations performed by means of remote communication technology, pursuant to section 6 of the Governors Executive Order 11-20 effective March 25, 2020, by which the Governor suspended the provisions of 39-4-6 of the code applicable to court reporters and other notaries, are deemed to be valid and cured of any defect from failure […]
§39-4-7. Identification of Individual
(a) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed. (b) A notarial officer has satisfactory evidence of the identity of an individual appearing before […]
§39-4-8. Authority to Refuse to Perform Notarial Act
(a) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that: (1) The individual executing the record is competent or has the capacity to execute the record; or
§39-3-10. Taking Testimony as to Lost Records — Record
He shall provide a well-bound book at the expense of the county in which to record such testimony as he may take for the purpose aforesaid. Such testimony shall be taken at his office, between the hours of nine o'clock a.m., and five o'clock p.m., and the taking thereof shall be commenced not later than […]
§39-3-11. Taking Testimony as to Lost Records — Publication of Notice
Such clerk shall give notice, as hereinafter provided, of the time and place of the commencement of taking such testimony. A copy of which notice, together with the affidavit of publication, shall be recorded in the book aforesaid. Such notice shall be published as a Class II legal advertisement in compliance with the provisions of […]
§39-3-12. Taking Testimony as to Lost Records — Subjects of Inquiry
On the day fixed by such notice, such clerk shall take and record in such book the testimony of any credible person, who may appear before him touching the existence or execution of any deed, will, or other title paper which was recorded in any book burned, lost or destroyed, as aforesaid. The witness shall […]
§39-3-13. Taking Testimony as to Lost Records — Powers of Clerk; Death, etc., of Clerk
For the purpose of taking such testimony, such clerk shall have authority to summon witnesses and enforce their attendance when desired by any person interested, in like manner as witnesses are compelled to appear before commissioners in chancery; to compel the production before him of any document, paper or book that he may deem pertinent […]
§39-3-14. Taking Testimony as to Lost Records — Fees Payable to Clerk and Witnesses
The person at whose instance such testimony is taken shall pay to such clerk for his services in such behalf the same fees as are allowed to commissioners in chancery, and to witnesses the same compensation as is allowed to witnesses in other cases. All such fees due the clerk shall be collected by him […]
§39-3-15. Taking Testimony as to Lost Records — Adjournments; Completion and Preservation of Testimony
Such clerk may adjourn the taking of such testimony from day to day or from time to time, not exceeding thirty days at any one adjournment, until he shall have completed and closed his duties under the provisions of this article, but not continuing the taking thereof beyond the period prescribed in section ten of […]
§39-3-16. Taking Testimony as to Lost Records — Admissibility of Depositions or Copies
The depositions taken as aforesaid shall be admissible in all suits or controversies in relation to the title or boundaries of lands in such county, whenever such depositions are relevant and no higher or better evidence can be had; and copies of such depositions, when duly certified by the clerk of the county court of […]