Ask about communication first
Before the appointment, ask how the signer prefers to communicate. Options may include writing, lip reading, a sign language interpreter, typed messages on a phone or a mix. Plan ahead for a quiet, well-lit setting.
Face the signer when you speak, and keep your mouth visible if lip reading is used. Avoid shouting, which distorts speech.
Offer a pen and paper at the start, even if the signer says they can follow you. Having a backup lowers stress on both sides.
Allow extra time in your schedule. Rushing is the biggest obstacle to clear communication, and a calm pace helps everyone relax.
Using written notes
Short written exchanges work well for simple acts. You can write out the key questions: Is this your signature? Are you signing willingly? Keep the signer's written answers and note this in the journal. If the paper notes contain private information, store them with the journal or keep a brief description.
Do not rely on written notes alone if the signer seems unsure of the content.
Working with a sign language interpreter
An interpreter should be impartial, which usually means not a relative or someone who benefits. The notary should confirm that the signer and interpreter understand each other, and record the interpreter's name in the journal.
The notary speaks to the signer, not to the interpreter, and allows time for interpretation.
Agree on signals at the start, such as a raised hand to ask for a repeat. These small agreements keep the flow natural even when interpretation adds delay.
The oath or affirmation
For acts that require an oath, such as a jurat, the oath can usually be given through the interpreter or in writing, with the signer indicating agreement in their usual way. State rules vary on what counts as a valid oath, so check your handbook.
Document how the oath was given.
Remote sessions and captions
Remote online notarization uses live video, which helps sign language and lip reading, but only if connection quality is good. Some platforms offer captioning or chat. Test the setup beforehand with the signer, and keep a plan to meet in person if the technology fails.
If the platform allows, enable the recording and keep it as your state requires. A recorded session can also show that communication was clear.
Common pitfalls
Avoid turning away while speaking, covering your mouth, or talking while handing papers over. Avoid asking yes or no questions that can be answered by nodding without understanding. Ask the signer to say or write the answer in their own words.
Do not assume that every deaf signer uses sign language. Many use speech, writing, or hearing devices. Follow their lead.
Mistakes that get documents rejected
Assuming the signer reads lips, speaking louder instead of using writing or an interpreter, and rushing the oath are the common errors. Ask the signer how they prefer to communicate and plan extra time. If an interpreter is used, the interpreter should not be a party to the document.
The notary must still be satisfied that the signer understands and is signing willingly, so the method has to allow a real conversation.
Checklist before you book
Ask in advance how the signer prefers to communicate. Arrange a qualified interpreter if requested. Allow extra time. Use written notes or captions when helpful. Record in the journal how communication was handled if your state requires it.
Common questions
Is a signer who is deaf required to bring an interpreter?
Not always. The signer chooses what works, which may be writing or lip reading. If communication cannot be made clear, the notary may need to pause.
Who pays for an interpreter?
That depends on the arrangement. Ask about it when scheduling so nobody is surprised.
More notary guides
- Notarizing for Blind or Low Vision Signers
- Signing Legal Documents With an Interpreter or Language Need
- Using an Interpreter at a Notarization: Rules and Tips
This guide is general information, not legal advice. Fees and procedures change; check with the office involved or an attorney for your situation.