Notarial
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By virtue of office, a Justice of the Peace serves as an ex officio notary within the ward’s territorial jurisdiction. State law strictly limits these notarial powers to four authorized functions, and acts outside this scope are null.
Ex Officio Notary Powers
Authorized Notarial Functions
- Administer oaths and affirmations — formal promises to tell the truth.
- Notarize sworn statements, affidavits — written statements confirmed by oath — and acknowledgments tied to matters within the JP’s authority.
- Make protests involving negotiable instruments — formal declarations that a check or other financial document was not honored.
- Notarize bills of sale and other title documents for movable property, including transfers, conveyances, exchanges, donations, chattel mortgages, and motor vehicle transfers submitted to the Office of Motor Vehicles.
Fees and Requirements
Customary parish fees may be charged for these acts. The JP must list each party’s full name, marital status, mailing address, and affix the ex officio notary identification number on the instrument.
Court-Related Documents
This section does not affect the authority of a JP to receive and execute affidavits, sworn statements, oaths, judicial bonds, or other documents, instruments, or acts that relate to or are involved in matters pending in the court or presented to the JP in their capacity as a JP.
Notarial Limits & Practices
Acts outside the statute-authorized notarial functions are null.
Prohibited Notarial Acts
- No acts affecting or encumbering immovable property — land and buildings.
- No drafting or notarizing wills, prenuptial agreements, inventories, or partitions.
- No drafting of any document that is notarized, even when the subject falls within movable property; this includes documents within the four authorized functions.
Best Practices
Justices of the Peace must examine identification, require parties to sign in their presence, ensure no blanks remain, and print their name and ex officio ID beside every signature.
Qualifying as a Full Notary
These prohibitions do not prevent a JP from qualifying to be a notary public with full authority under Louisiana law. If a JP qualifies as a full notary public, they may exercise all notarial powers, not just the authorized ex officio functions.