Key Takeaways
- A credible witness is a third party who personally knows both the notary and the signer
- The credible witness must take an oath or affirmation vouching for the signer's identity
- The notary must identify the credible witness (by personal knowledge or acceptable ID)
- The credible witness cannot have a financial interest or be named in the document
- Used when signer lacks acceptable ID and notary doesn't personally know them
Credible Witness Identification
When a signer lacks acceptable identification and the notary does not personally know them, a credible witness may be used to verify the signer's identity.
What is a Credible Witness?
A credible witness is an impartial third party who:
- Personally knows the signer
- Can take an oath or affirmation verifying the signer's identity
- Is identified by the notary (through personal knowledge or acceptable ID)
- Has no financial interest in the document
- Is not named in the document
Requirements for a Credible Witness
| Requirement | Details |
|---|---|
| Personally knows signer | Has ongoing relationship with signer |
| Identified by notary | Notary knows witness OR witness presents valid ID |
| No financial interest | Cannot benefit from the transaction |
| Not named in document | Cannot be a party to the document |
| Takes oath | Must swear/affirm to signer's identity |
| Appears in person | Must be present with signer |
The Credible Witness Process
Step 1: Credible Witness Appears
The credible witness appears before the notary with the signer.
Step 2: Notary Identifies the Witness
The notary identifies the credible witness by:
- Personal knowledge of the witness, OR
- Acceptable identification document from the witness
Step 3: Oath or Affirmation
The notary administers an oath or affirmation to the credible witness:
"Do you swear (or affirm) that you personally know [signer's name] and that they are the person named in this document?"
Step 4: Witness Vouches for Signer
The credible witness affirms under oath that:
- They personally know the signer
- The signer is who they claim to be
- The signer is the person named in the document
Step 5: Proceed with Notarization
With the signer's identity verified through the credible witness, the notary may proceed with the notarial act.
Who Can Serve as a Credible Witness
| Acceptable | Not Acceptable |
|---|---|
| Friend who knows signer well | Casual acquaintance |
| Family member of signer (if no interest in doc) | Someone with financial interest |
| Coworker who knows signer | Someone named in the document |
| Long-time neighbor | Someone who just met signer |
Journal Entry Requirements
When using a credible witness, record in your journal:
- Name and address of the credible witness
- How the witness was identified
- That oath was administered to witness
- Type of notarial act performed
ID Requirements for the Credible Witness
The credible witness must be identified by the notary using:
| Method | Requirements |
|---|---|
| Personal knowledge | Notary personally knows the witness |
| Acceptable ID | Same standards as for any signer (valid or expired within 3 years, photo, signature, government-issued) |
On the Exam
Key points:
- Credible witness must personally know the signer
- Notary must identify the credible witness first
- Witness takes oath about signer's identity
- Witness cannot have financial interest
- Witness cannot be named in document
Before accepting verification from a credible witness, what must the notary do first?
Which of the following would disqualify someone from serving as a credible witness?