Talk:Exemplified copy

Edit by 77.198.119.58
An edit by 77.198.119.58 added the following to the introduction:

In other words, an exemplification is a redrafted original duplicate issued at a later date under the authentic signature and seal of the same issuing party or his or her successor, representative, or associate. This can be contrasted with a certified copy, which is a facsimile or photographic reproduction of the original, including the seal and signature of the issuing authority, that is then certified by the said authority to be true and faithful.

There are several problems with this change:
 * 1) What is an original duplicate? Those terms seem contradictory.
 * 2) The term "redrafted" used in connection with exemplification and the term "facsimile or photographic reproduction of the original, including the seal and signature of the issuing authority" used in connection with certified copies, seem to claim that exemplified copies are not photocopies and certified copies are. I don't believe this. I've never seen an exemplified copy, so I can't say for certain the text is rewritten (typed or handwritten), but I would be shocked if this were always true.
 * 3) Certfied copies do not have to be photocopies
 * 4) Certified copies may have a pen-in-hand signature
 * 5) Certified copies are not always certified by the issuing party (in some cases they can be certified by other parties, such as a notary public)

As a Vermont notary pubic, I have the authority to prepare certified copies that violate every single characteristic that the new text claims applies to certified copies. --Gerry Ashton (talk) 15:33, 23 January 2009 (UTC)

Response
You'll have to excuse me; I was in mid-revision. Just to respond, I'll say that:

To sum up - the differences are:

exemplification
 * certified by either: authority holding the record OR issuing authority, either of which is also the person who executed the copy
 * original pen-in-hand signature by authority; original seal
 * an extract or transcript or possibly an exact duplicate (made directly from original on record)

vs.

certified copy
 * certified by a public authority who does not necessarily execute the copy, merely compares
 * sig and seal of certifier, not issuing authority
 * a facsimile, made from original or not; can vary as to faithfulness - fair copy, imitative copy, etc.

Flibjib8 (talk)


 * This seems like a good summary of what I've read. In the article, but not in the post above, you write that the signature and seal is not necessarily of the issuing authority. Unfortunatly you have not provided a source for these definitions.


 * Also, the terms "fair copy" and "imitative copy" are not defined. Are there generally-recognized definitons for these terms? Do the definitions vary from jurisdiction to jurisdiction? --Gerry Ashton (talk) 20:27, 30 January 2009 (UTC)

Possible new section
I came across an explaination of exemplified copy in the Civil law notary article. The general idea seems to be that the notary keeps minutes, which may be in shorthand, and which leave out the "boilerplate" that is always the same in instruments of the same kind. When a copy of the document must provided to someone outside the notary's office, he prepares an exemplified copy, which is written in ordinary characters (not shorthand) and includes all the boilerplate.

It seems roughly similar to Wikipedia articles with and without the templates expanded. Does anyone know more about this? --Jc3s5h (talk) 23:22, 20 May 2009 (UTC)