3.2 Depositions, Signature Witnessing & Commercial Protests
Key Takeaways
- Arkansas court rules require depositions to be attested by a certified court reporter; a notary who is not one should not accept a deposition.
- A.C.A. § 21-14-111 requires witnessing the signature with identity proof or recognizing it through familiarity.
- A notary may make declarations and protests under A.C.A. § 21-14-106 but should not invent commercial protest procedure.
- Act 418 of 2025 permits the notary who witnessed and acknowledged an erroneous original real-property instrument to execute and record a scrivener's affidavit.
3.2 Depositions, Signature Witnessing, Protests, and Scrivener's Affidavits
Several Arkansas powers are easy to overstate. A notary has statutory authority connected with depositions, signature witnessing, declarations and protests, but other law and court rules define when and how those powers may be used.
Depositions
A.C.A. § 21-14-104 refers to taking depositions under Rule 28 of the Arkansas Rules of Civil Procedure and Rule 28 of the Federal Rules of Civil Procedure. The Secretary of State handbook adds the operational limit: Arkansas court rules require depositions to be attested by a certified court reporter. If that requirement is not met, Arkansas courts will not accept the deposition. A notary who is not a court reporter should not accept a deposition as an act of notarial office.
A notary may encounter two component tasks: administering the witness's oath and, after transcription, certifying that a transcript is a complete and accurate record. Those descriptions do not turn every commissioned notary into a certified court reporter. When asked to handle a deposition, first determine whether the notary also holds the necessary court-reporter qualification and follows the applicable procedural rule.
Witnessing signatures
A.C.A. § 21-14-111 makes it unlawful to witness a signature unless the notary either:
- witnesses the signing and personally knows the signer or is presented proof of identity; or
- recognizes the signer's signature through familiarity with it.
For this section, “personally knows” means acquaintance derived from association that establishes identity with at least reasonable certainty. A violation is a Class A misdemeanor and has commission consequences. Current handbook practice also emphasizes personal appearance and witnessed signing, so the safe routine is to require the person to appear, establish identity, observe the signature, and complete the certificate immediately.
Declarations and protests
A.C.A. § 21-14-106 authorizes notaries to make declarations and protests. A commercial protest is a specialized formal act concerning dishonor of an instrument. The general notary commission does not supply all of the commercial-law knowledge needed to prepare one correctly. If a bank or holder requests a protest, use the institution's lawful process and form; do not improvise notices, deadlines, or legal conclusions.
The exam point is narrower: declarations and protests are among statutory notary powers, while detailed commercial enforcement advice is outside a nonattorney notary's ministerial role.
New 2025 scrivener-affidavit authority
Act 418 of 2025 amended A.C.A. § 18-12-108(b). It now permits a notary public to execute and record a scrivener's affidavit when the notary witnessed execution of an original instrument, executed an acknowledgment to that original instrument, and the original contains an error.
This is a narrow correction tool. It does not authorize any notary to rewrite any deed, change a bargain, repair an instrument the notary never handled, or give title advice. All three conditions matter:
- there is an original instrument affecting real property with an error;
- this notary witnessed execution of that original; and
- this notary executed the acknowledgment to that original.
Because a recorded real-property correction has significant consequences, the notary should use the statutory affidavit form and instructions supplied by the party responsible for the recording rather than drafting legal language.
Comparison
| Request | Correct response |
|---|---|
| “Take this litigation deposition; you are a notary but not a court reporter.” | Decline; the handbook says non-court-reporter notaries should not accept depositions. |
| “Witness this signature while the signer is absent.” | Decline; the facts required by law and the certificate did not occur. |
| “Prepare a protest and tell me my collection remedies.” | Do not improvise legal procedure or advice; follow qualified institutional instructions. |
| “Correct a deed you notarized even though another notary witnessed the original.” | Decline; Act 418 is limited to the notary who witnessed and acknowledged the original. |
These topics illustrate a recurring rule: statutory power is not a license to certify facts outside the notary's knowledge or professional qualification.
For each specialized request, identify the source of the form and the professional role the proceeding requires before accepting it. Administering a witness oath is not the same as managing an entire deposition, and witnessing an original instrument is not the same as obtaining authority to correct any later title problem.
Source anchor: Arkansas Secretary of State, Arkansas Notary Public Handbook (rev. 1-2025), “Depositions”; A.C.A. §§ 21-14-104, 21-14-106, and 21-14-111; Act 418 of 2025 amending A.C.A. § 18-12-108(b).
What does the Arkansas handbook say about a notary who is not a certified court reporter accepting a deposition?
When may a notary use Act 418 of 2025 to execute a scrivener's affidavit?
Which act satisfies A.C.A. § 21-14-111's signature-witnessing rule?