SummaryHouse Bill 35 clarifies that the statutory “short form” notarial certificates contained in Section 34-26-108 of the Wyoming Statutes are presumptive evidence of the facts the Notary certified in performing the notarial act – specifically relating to the facts surrounding acknowledgments signed in an individual and representative capacity.
AnalysisHouse Bill 35 makes a clarifying amendment to Wyoming Statutes Section 34-26-107(c). When a notarial officer signs and authenticates a notarial certificate with his or her seal, courts rely upon the facts contained in the certificate. Courts “presume” such facts are true. The “presumption” granted to notarial certificates by virtue of carrying the signature and seal of a Notary is very important. It means that notarized documents are received directly into evidence without a hearing to admit them. This “presumptive evidence” does not mean that the certificate is always true; on the contrary, once a document containing a notarial certificate is admitted into evidence in court, it may be challenged and rebutted. HB 35 clarifies that the statutory “short form” notarial certificates contained in Section 34-26-108 establish the facts the Notary certified in performing the notarial act – specifically relating to acknowledgments signed in an individual and representative capacity.
Read House Bill 35.