Notarial Authority

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.

RS 13:2586

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 is required to list each party’s full name, marital status, mailing address, and affix the ex officio notary identification number on the instrument.

CC 1833RS 13:2586

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.

RS 13:2586RS 13:2586.1

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.

Procedural Requirements

Justices of the Peace are required to 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.