Section 3.7 - Notary Journal Copies

There are several circumstances wherein a notary may be called upon to provide copies of their journal entries or witness and optionally certify the copying of their journal. Copies may be requested by any member of the public, the Secretary of State, the notary's employer, or by court order or subpoena. The rules governing each of these scenarios are detailed below.

Copies Requested by a Member of the Public
A notary public must provide a photostatic copy of a line item from his or her journal when provided with a written request from any member of the public. The written request must include:

• the name of the parties,

• the type of document, and

• the month and year in which the document was notarized.

The notary public must respond to the request within 15 business days after the receipt of the request and must supply either the photostatic copy of the line item OR acknowledge that no such line item exists. (Government Code section 8206.5) If a copy is provided, the notary may not charge more than thirty cents ($0.30) per page. (Government Code section 8206(c))

Copies Requested by the Secretary of State
It shall further be the duty of a notary public, upon written request, to furnish to the Secretary of State certified copies of the notary’s journal within the time specified by the Secretary of State. (Government Code section 8205(b)(1))

Copies Requested by the Notary's Employer
A notary public who is an employee shall allow inspection and copying of journal transactions by a duly designated auditor or agent of the notary public's employer, provided that the inspection and copying is done in the presence of the notary public and the transactions directly relate to the business purposes of the employer.

The notary public, upon request of the employer, shall regularly provide copies of all transactions directly associated with the business purposes of the employer, but shall not be required to provide copies of any transaction that is unrelated to the employer's business. Confidentiality and safekeeping of any copies of the journal provided to the employer shall be the responsibility of that employer. (Government Code section 8206(d))

Copies Requested by Court Order or Subpoena
The notary public shall provide the journal for examination and copying in the presence of the notary public upon receipt of a subpoena duces tecum or a court order, and shall certify those copies if requested.