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A Notary is a county public official whose powers and duties are defined by statute. Basically, a Notary has the power to administer oaths and take depositions, affidavits and acknowledgments. A Notary’s powers and duties can be exercised in all counties in the State of Tennessee. “I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF TENNESSEE, AND I MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.”
AFFIDAVITS
An affidavit is a sworn statement made by a person called an affiant. The affiant makes oath before a notary public that the facts contained in the affidavit are true. The affidavit consists of the venue, body, affiant’s signature, and jurat.The body of the affidavit is preceded by an introductory sentence, contains a short description of the affiant and the capacity in which he or she is taking the oath, and then it contains the facts the affiant swears are true. The affiant’s signature is subscribed at the end of the affidavit and should appear exactly as it appears in the introduction. The jurat, also known as the notary’s certificate,is the concluding statement that the affidavit was sworn to before the notary on a certain date. Immediately beneath the jurat appears the signature of the notary before whom the oath is taken, and the notary’s commission.
ACKNOWLEDGEMENTS
An acknowledgment, as its name implies, is
a declaration by a person who has executed or signed a deed
or other document, that he or she has in fact executed such
document. All acknowledgments must be taken under the seal
of the officer taking the acknowledgment. T.C.A. § 66-22-110.
An acknowledgment may be made before a notary, who then
certifies to the fact either at the end of that document or
on a separate paper that is attached. An acknowledgment is
distinguishable from verification in that an acknowledgment
establishes proper execution of a document while verification
establishes the truth of a document’s contents. Attorney
General Opinion 91-92 (11/19/91).
DEPOSITIONS
A deposition is the testimony of a witness taken by
interrogatories, not in open court, but by a person commissioned
to take the testimony issued by a court, or according to general
law, and reduced to writing and duly authenticated, and intended
to be used upon the trial of an action in court or a written
declaration under oath, made after notice to the adverse party to
enable cross-examination or upon written interrogatories.
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