If during the COVID-19 pandemic, you need a notary, then the document will have to be E-notarized, meaning Electronically Notarized. There are a few steps that must be done before the document can be E-notarized. First, you need to find a notary who is able to set up a video conference and have electronic capabilities. Second, there must be a video conference between the notary and the person seeking the notarization. Third, valid photo identification must be shown to the notary at the video conference. Before the document is notarized, the person must be present in New York State and state this to the notary. Fourth, the person signs the document via this video conference and sends the document to the notary on the same day it was signed, via email or fax. Fifth, the notary notarizes the document and returns it to the person electronically. However, if the person needs the original document, then the original and e-notarized document must be sent to the notary within 30 days of the electronic notarization. Then the notary can sign the original and use the same date the document was electronically notarized.

For example, the office had a recent situation where a document needed to be E- notarized and submitted to the Bronx County Family Court in a custody/visitation case before the court-imposed deadline. So procedurally, the document was prepared by one attorney and emailed to the client for review. The client specified changes that needed to be made to the document, and the changes were reviewed by the attorney and incorporated in the document. The document was then sent to the client again.

Once the client stated the document was good, a second attorney held a video-conference following the steps above to E-notarize the document. Once the document was e-notarized, it was sent back to the attorney. The attorney then sent the E-notarized page to the paralegal, who emailed to the attorney for the opposing side.  The paralegal prepared the affidavit of service and sent it to court, along with the document that was E-notarized.

Jayson Lutzky offers free consultations and can be reached at 718-514-6619 from Monday to Friday from 9am to 4pm during the COVID-19 pandemic. He has been practicing law for over 36 years in the Bronx and can help you with a variety of legal matters. During the COVID-19 pandemic, a video meeting can be scheduled with him via Zoom.