In Alabama, disputes over notarized documents may involve questions about the authenticity, execution, and admissibility of such documents as evidence. The following outlines key considerations regarding the use of recorded evidence in these disputes:

Authenticity and Admissibility of Notarized Documents

• Authentication: Under Alabama Rules of Evidence, Rule 901(b) provides methods to authenticate evidence. For notarized documents, authentication can be established by showing that the document is what it purports to be, often through the notary’s certificate or seal. If the document is a public record, authentication can be established by certification from the custodian of records.
• Hearsay Rule: Alabama Rule of Evidence 802 generally excludes hearsay, but notarized documents may be admitted under exceptions, such as business records or public records exceptions, if they meet the criteria.
• Notary’s Record Book: While Alabama does not legally require notaries to keep a record book (journal) of their acts, maintaining one is strongly advised. A notary’s journal can serve as evidence that proper procedures were followed and may be used to recall details if the notary is called to testify in court.

Execution and Recording of Documents

• Execution Standards: Alabama law requires only one witness for the attestation of most documents, and a notary acknowledgment can satisfy this requirement. Notarization is not always legally required, but it is commonly demanded by title underwriters and is standard practice for deeds and other important documents.
• Recording and Notice: Alabama’s “Savings Statute” (Ala. Code §35-4-63) provides that a recorded deed, even if not properly executed, operates to provide notice of its contents. However, this does not necessarily validate the document for all purposes, but it does affect notice to third parties.

Use of Recorded Evidence in Disputes

• Custodian Certification: For documents that are not public records, a certification from the custodian that the document is a true and correct copy can be used to establish authenticity for admissibility purposes.
• Notary Testimony: If a dispute arises over the validity of a notarized document, the notary may be called to testify about the circumstances of the notarization. The notary’s record book can support their testimony and help establish that proper procedures were followed.
• Remote Notarization: For remote notarizations, clear documentation of the process, including audio-video recordings and images of the signing, is required. These records must be provided to the notary for authentication and may be used as evidence in disputes.

Summary Table

This information provides a neutral, legal overview of how recorded evidence is used in disputes over notarized documents in Alabama.