Summary
In New Mexico, a notary must witness the signing of a document for notarization to be valid. If the notary was not present, the notarization may be invalid. To challenge this, gather evidence showing the notarys absence, file a motion in court, and request a hearing to present your case. You can ask witnesses questions like whether the notary was in the same room during signing and notarization. Consider consulting legal resources or professionals for detailed guidance on filing motions and gathering evidence.Full Conversation
In live in new mexico and im doing a cival case pro se
Hey ****! What specific issue or question do you need help with regarding your civil case?
How can I ask a witness a question about notary and being in presence of them when they notorized it
Hi ****! Here’s a way you could ask the witness about the notary:
"Can you confirm whether you were physically present when the document was notarized? If so, can you describe the circumstances under which the notary performed their duties?"
Is there any other detail you need help with for your case?
What if they were not there
If the witness was not present when the document was notarized, here are some points to consider:
- A notary must witness the signing of the document.
- If the witness was not present, the notarization might be invalid.
- You may need to challenge the validity of the notarized document in court.
Do you need help with how to proceed with this challenge?
Yes
To challenge the validity of the notarized document:
- Gather evidence that the witness was not present during notarization.
- File a motion in court to contest the notarization.
- Request a hearing to present your evidence and arguments.
Would you like more details on how to file this motion?
Is there a state statue for the notory
Yes, New Mexico has specific statutes regarding notaries. Here are some key points:
- Notaries must witness the signing of the document (NMSA *-12A-*).
- Notarization performed without witnessing the signing is invalid.
- You can challenge the notarization under these statutes.
Would you like more details on how to proceed with the challenge?
Are there any other questions i can ask witness for my case hearing
Sure, ****! Here are additional questions you could ask the witness:
- "Can you specify the date and location where the notarization took place?"
- "Were there any other individuals present during the notarization?"
- "Can you describe any interactions you had with the notary before, during, or after the notarization process?"
Do you need help with any other aspect of your case?
The lady took the paper back into a different office after I signed it. And had it notarized by someone I never met
It seems you might have a strong case to challenge the validity of the notarized document. Here are some steps you could take:
- Gather evidence that the notarization was performed without your presence.
- File a motion to contest the notarization in court.
- Request a hearing to present your evidence.
Would you like more information on how to gather evidence or file the motion?
Does the notoary have to be present when stamping the paper in front of the person who signed it
In New Mexico, the notary must witness the signing of the document and be present when notarizing it. The notarization is invalid if the notary was not present.
Do you need guidance on how to gather evidence or file a motion to contest this notarization?
Even if they were in another room at the time
In New Mexico, the notary must witness the signing of the document and be present during the notarization process. If the notary was in another room, the notarization is likely invalid.
Would you like guidance on gathering evidence or filing a motion to contest this notarization?
I need question to ask the witness to prove it is invalid
Here’s a relevant question you could ask the witness to prove the notarization is invalid:
- "Can you confirm if the notary was physically present in the same room when you signed the document and when it was notarized?"
Would you like more details or assistance on how to proceed with your case?
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