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Rule 3-307. Court notaries.

Intent: 

Toestablish a uniform procedure for the appointment of court notaries. 

Toestablish a uniform procedure for providing service to members of the publicand the bar. 

Toestablish the authority and duties of court notaries. 

Toestablish uniform court fees for the provision of notary services. 

Applicability: 

This ruleshall apply to all courts of record. 

Statementof the Rule: 

(1)Authority. 

(A) Thecourt executive of each judicial district may appoint the court clerk or adeputy court clerk to act as the court notary within that court location. 

(B) Thecourt notary shall comply with all provisions contained in Utah Code Section46-1-1 et seq., except as otherwise provided in this rule. 

(2)Qualifications. Each court notary shall possess the qualifications set forth inUtah Code Section 46-1-3 for a notarial commission. 

(3)Powers. Court notaries may exercise notarial powers during regular court hoursfor documents presented for filing with the court for the followingpurposes: 

(A) acknowledgments; 

(B) jurats; and 

(C) copy certifications. 

(4)Expenses. The state shall assume the costs associated with the filing of theapplication for commission, obtaining a bond, and purchasing of the notaryseal. 

(5) Fees.The court notary shall collect the maximum fees for notarial servicesauthorized by Utah Code Section 46-1-12. All fees collected shall be depositedin the state general fund. 

(6)Record. The court notary shall maintain a log for the purpose of recording eachnotary service performed, the name of the requesting party, a description ofthe document notarized, the date, and the amount of fees collected. 

(7)Revocation. The court executive may recommend revocation of the notarialcommission of the court notary to the Division of Corporations and CommercialCode on grounds for which a commission may be denied under Utah Code Section46-1-3. 

(8) Termination.Upon termination of employment, the court notary shall surrender the notaryseal and notify the Division of Corporations and Commercial Code. 

(9)Advertisement. Court notaries shall not actively compete for services withnotaries public by means of advertisement or solicitation of business, butshall provide notary services upon request. 

(10)Other notaries. The provisions of this rule shall not be construed to vestexclusive notarial powers with the court notary within a court clerk's office.Employees of the judiciary who independently obtain notarial commissions mayexercise notarial powers and collect fees for services performed outside ofregular court hours; however, in the absence of the court notary, such personsmay provide notarial services during regular court hours in accordance with allprovisions of this rule. 

(11)Indemnification. Court notaries who are performing notarial services in theirofficial capacity during regular court hours shall be held harmless andindemnified in accordance with Utah Code Section 63G-7-101 et seq. Courtemployees who perform notarial services outside of regular court hours shallassume full responsibility for their own defense and shall indemnify, saveharmless and defend the state, the court and its employees, officers andauthorized agents from and against any and all claims arising out of or byreason of the court notaries' acts or failures to act.