California Notary Public ExamJournal RequirementsMedium
A Notary Public is served with a subpoena duces tecum requiring the production of their journal in court. Which of the following is the Notary's primary responsibility regarding the journal entries for which the subpoena was issued?
- ATo provide copies of the requested entries to the court and retain the original journal.
- BTo redact all personal information from the journal entries before presenting them.
- CTo appear in court with the original journal on the specified date and time.
- DTo notify the Secretary of State immediately upon receipt of the subpoena.
Show answer & explanationAnswer & explanation
Correct answer: C. To appear in court with the original journal on the specified date and time.
When served with a subpoena duces tecum, a Notary Public's primary responsibility is to appear in court with the original journal. The court will then determine what information is relevant and admissible.
Why the other options are wrong
- A. Providing copies is generally for public requests, not court subpoenas duces tecum for the original.
- B. Redaction is typically performed for certified copies requested by the public, not for a court-ordered production of the original journal.
- D. While informing legal counsel is advisable, immediate notification to the SOS is not a primary legal requirement for receiving a subpoena.
Journal Subpoena Duces Tecum (Appearance)
A subpoena duces tecum requires a Notary Public to appear in court with their original journal, allowing the court to inspect and determine the admissibility of entries.
- Requires appearance in court.
- Original journal must be presented.
- Court determines relevance and admissibility.
Memory trick: Subpoena means Show Up with the Book.