Terms Used In Maryland Code, STATE GOVERNMENT 18-204

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Oath: A promise to tell the truth.
(a) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual in accordance with § 18-206 of this subtitle, that:

(1) the individual appearing before the notarial officer and making the acknowledgment has the identity claimed; and

(2) the signature on the record is the signature of the individual.

(b) A notarial officer who takes a verification on oath or affirmation of a statement shall determine, from personal knowledge or satisfactory evidence of the identity of the individual in accordance with § 18-206 of this subtitle, that:

(1) the individual appearing before the notarial officer and making the verification has the identity claimed; and

(2) the signature on the statement verified is the signature of the individual.

(c) A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual in accordance with § 18-206 of this subtitle, that the individual appearing before the notarial officer and signing the record has the identity claimed.

(d) A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item.

(e) (1) A notarial officer who certifies that a tangible copy of an electronic record is an accurate copy of the electronic record shall:

(i) reasonably determine whether the electronic record is in a tamper-evident format; and

(ii) personally print or supervise the printing of the electronic record onto paper or other tangible medium.

(2) A notarial officer who certifies that a tangible copy of an electronic record is an accurate copy of the electronic record may not make the certification if the notarial officer has detected a change or an error in an electronic signature or other information in the electronic record.

(f) A notarial officer who makes or notes a protest of a negotiable instrument shall make or note the protest in accordance with § 3-505(b) of the Commercial Law Article.