Did You Know? A Notary and a Process Server Are Completely Different Roles

People frequently ask a process server to "notarize" documents, or ask a notary to "go serve papers." Neither request makes sense once you understand what each role actually does.

These two roles get confused constantly, partly because the same person often performs both — a process server who is also a commissioned notary public. But the roles themselves are legally distinct, with different appointing authorities and different functions.

Illustration of a notary stamp and a mail envelope

What a Notary Public Actually Does

A notary public is a state-commissioned official (in Utah, commissioned by the Lieutenant Governor's office under the Utah Notary Public Act, Utah Code § 46-1-1 et seq.) whose core function is to witness signatures, administer oaths, and certify that a document was signed knowingly and voluntarily by the person whose signature appears on it. A notary verifies identity and witnesses an act — they do not investigate the truth of the document's contents.

What a Process Server Actually Does

A process server's job is to deliver legal documents (a summons, complaint, subpoena, or similar) to a specific individual in a way that satisfies the applicable rule of civil procedure, and then to swear, under penalty of perjury, to the facts of how and when that delivery occurred. As covered in our piece on Utah's licensing rules, there is no separate state credential for process serving itself — the eligibility bar is simply being 18 and not a party to the case.

Where the Two Roles Intersect

The affidavit of service a process server completes after finishing a job is a sworn statement — and sworn statements generally need to be notarized to carry evidentiary weight in court. That's the connection: a process server needs a notary (themselves or someone else) to notarize their affidavit, but notarizing the affidavit is a completely separate legal act from the service itself. One person can hold both roles, but they aren't performing "one job" when they do — they're performing two distinct legal functions back to back.

Why the Distinction Matters

If a document needs a notarized signature (a power of attorney, an affidavit, a real estate deed), you need a notary. If a document needs to be formally delivered to a party in litigation, you need a process server. Asking a process server to notarize an unrelated document, or asking a notary to attempt service, is asking the wrong professional for the wrong task — even when, coincidentally, the same business can provide both.

Illustration of a mail envelope and a notary stamp

Need service of process and a notarized affidavit handled together? Call {{office_phone}} — our servers are also commissioned notaries, so both steps happen under one engagement.

Category: Process Service · Published: 2026-06-23 · 3 min read · By Christopher Zamora, Rocky Mountain Protective Group

Did You Know? A Notary and a Process Server Are Completely Different Roles — Rocky Mountain Protective Group