A Notary Public is served with a subpoena duces tecum requiring them to appear in court with their official journal on a specific date. The subpoena requests all entries related to a particular real estate transaction from two years prior. What is the Notary Public's primary responsibility regarding the journal in this situation?
- ARedact all personal identifying information of individuals not directly involved in the real estate transaction before presenting the journal.
- BRetain possession of the original journal at all times and only permit inspection by the court.
- CProvide certified copies of the requested entries to the court and retain the original journal.
- DSurrender the journal to the court clerk upon arrival, as it is now evidence.
Show answer & explanationAnswer & explanation
Correct answer: B. Retain possession of the original journal at all times and only permit inspection by the court.
When served with a subpoena duces tecum, a Notary Public must appear in court with their journal. However, the Notary Public is required to retain possession of their official journal at all times. They must allow the court to inspect the relevant entries but should not surrender the journal itself.
Why the other options are wrong
- A. Redaction is generally for private citizen requests for certified copies, not for direct court orders like a subpoena duces tecum where the court needs the full context.
- C. Providing certified copies is for private citizen requests, not for court appearances with a subpoena duces tecum.
- D. Surrendering the journal is incorrect; the Notary must maintain possession.
Journal Subpoena Duces Tecum (Retention)
Upon receiving a subpoena duces tecum, a California Notary Public must appear in court with their journal but is legally required to retain personal possession of the original journal at all times, only allowing the court to inspect the relevant entries.
- Notary must appear with the journal.
- Notary must retain physical possession of the journal.
- Court is permitted to inspect relevant entries.
- Journal is not surrendered to the court or any party.
Memory trick: Subpoena means 'show up', but 'hold tight' to your journal, don't 'give it up'.