Journal Custody & Requests
~10 min read · Answer public line-item requests, subpoenas, and report loss or theft within 10 days.
The journal's custody rules answer three exam scenarios: a member of the public wants a copy, a peace officer wants the book, and the book disappears. Each has its own clock — 15 business days, 24 hours/10 days, and immediately.
Public line-item requests
Any member of the public may request a photocopy of a specific journal entry by written request identifying the names of the parties, the type of document, and the month and year of the act. The notary must respond within 15 business days and may charge no more than $0.30 per page. The public gets the requested line item — never a browse of the whole book.
- Written request naming parties, document type, month/year
- Respond within 15 business days
- Max $0.30 per page; line items only, never the whole journal
Law enforcement and subpoenas
A peace officer acting in an official investigation may inspect — and may seize — the journal (typically under warrant authority); refusing an officer access carries the $2,500 civil penalty. When a journal is surrendered or seized: the agency notifies the Secretary of State within 24 hours, and the notary notifies the Secretary of State within 10 days, in writing, identifying what was taken and by whom. The notary then obtains a new journal and continues — entries never restart numbering into the seized book.
- Peace-officer access is mandatory — refusal costs $2,500
- Agency → SoS within 24 hours; notary → SoS within 10 days
- Start a fresh journal; the old one lives with the investigation
Loss, theft, and end of commission
A lost, stolen, or destroyed journal must be reported to the Secretary of State immediately in writing, stating the period covered and the circumstances — the report is what protects the notary when a fraudster later 'quotes' the missing book. When the commission ends, all journals go to the county clerk within 30 days; a notary who keeps working journals as souvenirs is holding public records hostage.
Worked example
Monday: a title company mails you a request for 'copies of everything you notarized for John Doe in 2025.' Tuesday: a detective with a warrant takes your journal. What do you owe, and to whom, by when?
The title company: the request as written is a browse, not a line item — respond (within 15 business days) asking them to specify document type and month/year per the statute; then supply photocopies of the matching entries at up to $0.30 per page. The detective: hand over the journal — refusal is the $2,500 violation; get a receipt identifying the officer and agency. The agency owes the SoS notice within 24 hours; YOU owe written notice within 10 days describing the seizure. Then buy a new journal and keep practicing. Every deadline in this scenario is a different number — 15 business days, 24 hours, 10 days — which is precisely why the exam loves it.
Common exam pitfalls
Handing the whole journal to a curious requester.
The public right is a photocopy of an identified LINE ITEM — written request, specific act.
Refusing a peace officer until a court sorts it out.
Officer access in an official investigation is mandatory; obstruction is the $2,500 penalty.
Reporting a stolen journal 'when things calm down.'
Immediately, in writing, to the Secretary of State — the report is your shield against the book's misuse.
Public: 15 business days a line. Police: hand it over, tell Sacramento in 10. Lost: tell them now.
Recap
- Public requests: written, specific; 15 business days; ≤$0.30/page
- Peace officers: mandatory access; refusal = $2,500
- Seizure: agency notifies SoS in 24 hours, notary in 10 days
- Lost/stolen journal: immediate written report to SoS
- Commission ends: journals to the county clerk within 30 days
- After any surrender: new journal, keep going
Prove it: 10 questions on this topic
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