Key Takeaways
- A credible witness can vouch for a signer's identity when ID is unavailable
- Witness must personally appear before the notary
- Notary must identify the witness through personal knowledge or ID
- Witness takes an oath or affirmation regarding signer's identity
- Montana allows one credible witness (some states require two)
Last updated: January 2026
Credible Witness Identification
When a signer cannot provide acceptable identification documents, Montana law permits identity verification through a credible witness.
What is a Credible Witness?
A credible witness is a person who:
- Personally knows the signer's identity
- Can be identified by the notary through:
- Personal knowledge, OR
- Acceptable ID document
Credible Witness Process
| Step | Action |
|---|---|
| 1 | Witness personally appears with signer |
| 2 | Notary identifies the witness |
| 3 | Notary administers oath/affirmation to witness |
| 4 | Witness swears/affirms signer's identity |
| 5 | Notary proceeds with notarization |
Requirements for the Credible Witness
| Requirement | Details |
|---|---|
| Personal appearance | Must appear before notary with signer |
| Identity verified | Notary must verify witness's identity |
| Knows signer | Must personally know signer's identity |
| Takes oath | Must swear/affirm under penalty of perjury |
| No financial interest | Should not benefit from the transaction |
Oath for Credible Witness
The notary administers an oath or affirmation similar to:
"Do you solemnly swear (or affirm) that you personally know [signer's name] and that [signer's name] is the person appearing before me today?"
Witness responds: "I do" or "Yes"
Who Should NOT Be a Credible Witness
| Person | Why Not |
|---|---|
| Party to the document | Financial interest |
| Beneficiary | Financial interest |
| Relative (in some cases) | Potential bias |
| Anyone who cannot be identified | Cannot verify witness identity |
Journal Entry Requirements
When using a credible witness, record in your journal:
- Name of the credible witness
- Identification used for the witness
- That credible witness method was used
- Witness signature (optional but recommended)
Comparison: ID vs. Credible Witness
| Method | When to Use |
|---|---|
| ID Document | Signer has acceptable current or ≤3 year expired ID |
| Credible Witness | Signer lacks acceptable ID but someone can vouch for them |
On the Exam
- Fallback method: Use when signer has no acceptable ID
- Oath required: Witness must swear to signer's identity
- Witness identified: Notary must verify the witness's identity first
- No financial interest: Witness should not benefit from transaction
Test Your Knowledge
A signer has no ID but brings their adult child to vouch for their identity. What must the notary do first?
A
B
C
D
Test Your Knowledge
What must a credible witness do to verify a signer's identity?
A
B
C
D