Under ORC 147.40, depositions taken under the uniform recognition deposition provisions must be taken in what form?
Based on: ORC 147.40
Ohio Notary Exam · Acts
Ohio Notary Exam Practice Questions: Performing Notarial Acts (2026)
ORC 147.51(A) authorises an Ohio notary to do three things: administer oaths or affirmations, take and certify acknowledgments, and take and certify depositions. Before performing any of them the notary must determine the signer's identity from personal knowledge or satisfactory evidence under ORC 147.49(A), and must determine both that the person has the identity claimed and that the signature on the record is that person's signature.
Practice
Free practice questions
A party preparing the written notice to take a deposition under ORC 147.40 must include several identifying details. Which item belongs in that notice?
Based on: ORC 147.40
How long before the taking of a deposition under ORC 147.40 must the notice and interrogatories be served on the adverse party?
Based on: ORC 147.40
Under ORC 147.40, a party served with a notice to take depositions who wants to file cross-interrogatories must serve a copy of them within what period?
Based on: ORC 147.40
Who may be present when a deposition is taken on written interrogatories under ORC 147.40?
Based on: ORC 147.40
Under ORC 147.49, a notary public taking an acknowledgment must determine the signer's identity from which sources?
Based on: ORC 147.49(A)
Besides confirming that the person appearing has the identity claimed, what else must a notary public determine when taking an acknowledgment under ORC 147.49?
Based on: ORC 147.49(A)
ORC 147.49 uses the term 'jurat' to refer to which notarial act?
Based on: ORC 147.49(B)
Under ORC 147.50(A), when does a notary public have personal knowledge of the identity of a person appearing before the notary?
Based on: ORC 147.50(A)
Under ORC 147.50(B)(1), which feature must a government-issued identification card have to serve as satisfactory evidence of identity?
Based on: ORC 147.50(B)(1)
The three authorised acts
ORC 147.51(A) is the list an examiner will test against. Division (A)(1) covers administering oaths and affirmations. Division (A)(2) covers taking and certifying acknowledgments of deeds, mortgages, liens, powers of attorney, and other instruments of writing. Division (A)(3) covers taking and certifying depositions, and it carries a power most people do not expect: in taking depositions a notary has the power vested by law in judges of county courts to compel the attendance of witnesses and punish them for refusing to testify, with sheriffs and constables required to serve and return all process issued by notaries in the taking of depositions. Division (B) adds that acts may be performed outside this state for use in this state with the same effect as if performed by an Ohio notary, and lists who may perform them, including a judge, clerk or deputy clerk of any court of record in the place where the act is performed under (B)(2), and foreign service officers and consular agents under (B)(3).
Acknowledgment against jurat
The single most examined distinction in Ohio is the difference between an acknowledgment and a jurat, and the definitions sit in ORC 147.011. An acknowledgment under (A) is a declaration before a notary that the individual signed the record for the purpose stated in the record. A verification of a statement on oath or affirmation is called a jurat, per ORC 147.49(B), and ORC 147.011(C) requires both an oath or affirmation that the statement is true and correct and the signer signing in the presence of the notary. ORC 147.54(A)(3) puts the same point positively: a jurat certifies that the signer appeared, that an oath or affirmation was administered, and that the signer signed the document in the presence of the notary public. The statute even supplies wording at ORC 147.54(B)(2): "Do you affirm, under penalty of perjury, that the statements in this document are true?"
Identifying the signer
ORC 147.50 sets out what counts as satisfactory evidence. Personal knowledge under (A) exists when the person is personally known to the notary through dealings sufficient to provide reasonable certainty that the person has the identity claimed. Where personal knowledge is absent, (B)(1) accepts a government-issued form of identification bearing the signature or photograph of the individual, and allows it to be current or expired not more than three years before performance of the notarial act. Alternatively (B)(2) accepts a credible witness who personally appears before the notary and is either personally known to the notary or identified from a government-issued identification document; a witness is not credible if the witness has a conflict of interest regarding the transaction. Division (C) leaves the notary free to require additional information or identification credentials necessary to be assured of the person's identity. Conflict of interest is defined in (D): a direct financial or other interest in the transaction, or being named in the transaction individually or as grantor, grantee, mortgagor, mortgagee, trustor, trustee, beneficiary, vendor, lessor, lessee or in some other capacity.
Designated alternative signers
ORC 147.59 is unique enough to Ohio that it appears regularly on the test. It applies to an individual whose physical characteristics limit that individual's ability to sign a document presented for notarization. Five conditions must all be met under division (A). The individual must clearly indicate the intent to the notary through oral, verbal, physical, electronic or mechanical means, per (A)(1). Both the individual and the designated alternative signer must provide satisfactory identification to the notary, per (A)(2). The designated alternative signer must sign in the presence of the notary, per (A)(3), and must not be named in the document, per (A)(4). The certificate must give the name of the designated alternative signer and state that the document was signed under this section at the direction of the individual, per (A)(5). Division (B) permits the same procedure in an online notarial act, provided every requirement of division (A) is met.
| Point | Acknowledgment | Jurat |
|---|---|---|
| Definition | Declaration that the individual signed the record for the purpose stated, ORC 147.011(A) | Verification of a statement on oath or affirmation, ORC 147.49(B) |
| Oath or affirmation | Not administered | Required, ORC 147.011(C) |
| Signing in the notary's presence | Not required; the signer acknowledges having signed | Required, ORC 147.011(C) and ORC 147.54(A)(3) |
| Certificate wording accepted | "Acknowledged before me" or substantial equivalent, ORC 147.542(C)(3)(a) | "Sworn to and subscribed before me" or "affirmed to and subscribed before me", ORC 147.542(C)(3)(b) |
| Using the wrong certificate | Forbidden where an oath was administered, ORC 147.542(D)(1) | Forbidden where no oath was administered, ORC 147.542(D)(2) |
FAQ
Frequently asked questions
What notarial acts can an Ohio notary perform?
Three, under ORC 147.51(A): administering oaths or affirmations, taking and certifying acknowledgments of deeds, mortgages, liens, powers of attorney and other instruments of writing, and taking and certifying depositions.
Can an Ohio notary accept an expired driver's licence as ID?
Yes, within limits. ORC 147.50(B)(1) accepts a government-issued form of identification bearing the signature or photograph of the individual, and allows it to be current or expired not more than three years before performance of the notarial act.
What is a credible witness in Ohio, and who cannot be one?
Under ORC 147.50(B)(2) a credible witness must personally appear before the notary and be personally known to the notary or identified from a government-issued identification document. A witness is not credible if the witness has a conflict of interest regarding the transaction, as defined in ORC 147.50(D).
Can someone else sign for a person who cannot sign, in Ohio?
Yes, through the designated alternative signer procedure in ORC 147.59, where an individual's physical characteristics limit the ability to sign. All five conditions in division (A) must be met, including that the designated alternative signer is not named in the document and signs in the presence of the notary.
Can an Ohio notary take a deposition online?
No. ORC 147.60(H) defines a notarial act for the online sections and expressly excludes the taking or certifying of depositions, and ORC 147.64(A)(3) prohibits taking or certifying a deposition as an online notarization.