Idaho Code
Idaho Code

Idaho Code § 51-109 (2026)

signature if individual unable to sign. 

✓ current as of May 2026
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signature if individual unable to sign. 

If an individual is physically unable to sign a record, the individual may direct an individual other than the notary public to sign the individual’s name on the record. The notary public shall insert "Signature affixed by (name of other individual) at the direction of (name of individual)" or words of similar import.

Notes of Decisions
Cited in 9 cases, 1990–2017 · leading case: Parkwest Homes, LLC v. Barnson / Mortg. Elec. Reg. Sys., Inc., 238 P.3d 203 (Idaho 2010).
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Parkwest Homes, LLC v. Barnson / Mortg. Elec. Reg. Sys., Inc., 238 P.3d 203 (Idaho 2010). · cites it 16× “The failure to have a certificate of verification in the form set forth in Idaho Code § 51-109 (4). Idaho Code § 45-507 (4) states that the claim of lien “must be verified by the oath of the claimant, his agent or attorney.”
Evans v. Twin Falls Cnty., 796 P.2d 87 (Idaho 1990). · cites it 4× “I.C. § 51-109. Rather, the signature of Mr.”
Cornerstone Builders, Inc. v. McReynolds, 41 P.3d 271 (Idaho Ct. App. 2001). · cites it 12× “The magistrate concluded that Cornerstone’s claim of lien did not strictly comply with the requirements of I.C. § 51-109(4) and therefore did not substantially comply with I.”
G. Lance Salladay v. Eric Bowen, 388 P.3d 577 (Idaho 2017). · cites it 2× “I.C. § 51-109. While technical deficiencies in an acknowledgment may be cured by reference to the instrument, Farm Bureau Fin.”
Tri State Land Co., Inc. v. Roberts, 965 P.2d 195 (Idaho Ct. App. 1998). · cites it 2× “2d 87 (1990), the plaintiff filed a self-styled “affidavit” which was not subscribed and sworn to under oath or affirmation as required of an affidavit by Idaho Code § 51-109 . Accordingly, the Court found the facts as stated in the “affidavit” were not under oath as required by…”
Allied Gen. F&S v. DeBest Fire (Idaho Ct. App. 2014). · cites it 14× “3d at 207 (stating that the notarized statement in ParkWest Homes’ claim of lien that it had been “[s]igned and sworn to before [the notary]” was “the form of a written oath set forth in Idaho Code § 51-109 (2)” and was sufficient to be “verified by the oath of” ParkWest Homes’…”
Arturo Salinas v. State (Idaho Ct. App. 2014). · cites it 4× “” This 5 Similarly, the affidavit of Salinas’ defense counsel filed by the State is deficient.”
G. Lance Salladay v. Eric Bowen (Idaho 2017). · cites it 2× “I.C. § 51-109. While technical deficiencies in an acknowledgment may be cured by reference to the instrument, Farm Bureau Fin.”
Armando Garcia v. State (Idaho Ct. App. 2014). · cites it 2× “4 We note that the purported second affidavit was not properly sworn to before a notary public; the notary public merely provided a stamp and signature on the last page of the purported affidavit.”
— Idaho Code § 51-109(2) — 3 cases
Parkwest Homes, LLC v. Barnson / Mortg. Elec. Reg. Sys., Inc., 238 P.3d 203 (Idaho 2010). “The failure to have a certificate of verification in the form set forth in Idaho Code § 51-109 (4). Idaho Code § 45-507 (4) states that the claim of lien “must be verified by the oath of the claimant, his agent or attorney.”
Allied Gen. F&S v. DeBest Fire (Idaho Ct. App. 2014). “3d at 207 (stating that the notarized statement in ParkWest Homes’ claim of lien that it had been “[s]igned and sworn to before [the notary]” was “the form of a written oath set forth in Idaho Code § 51-109 (2)” and was sufficient to be “verified by the oath of” ParkWest Homes’…”
Arturo Salinas v. State (Idaho Ct. App. 2014). “” This 5 Similarly, the affidavit of Salinas’ defense counsel filed by the State is deficient.”
— Idaho Code § 51-109(4) — 3 cases
Cornerstone Builders, Inc. v. McReynolds, 41 P.3d 271 (Idaho Ct. App. 2001). “The magistrate concluded that Cornerstone’s claim of lien did not strictly comply with the requirements of I.C. § 51-109(4) and therefore did not substantially comply with I.”
Parkwest Homes, LLC v. Barnson / Mortg. Elec. Reg. Sys., Inc., 238 P.3d 203 (Idaho 2010). “The failure to have a certificate of verification in the form set forth in Idaho Code § 51-109 (4). Idaho Code § 45-507 (4) states that the claim of lien “must be verified by the oath of the claimant, his agent or attorney.”
Allied Gen. F&S v. DeBest Fire (Idaho Ct. App. 2014). “3d at 207 (stating that the notarized statement in ParkWest Homes’ claim of lien that it had been “[s]igned and sworn to before [the notary]” was “the form of a written oath set forth in Idaho Code § 51-109 (2)” and was sufficient to be “verified by the oath of” ParkWest Homes’…”
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