Key Takeaways
- Notary witnesses the signer execute the document
- Document MUST be signed in the notary's presence
- No oath is administered (unlike jurat)
- Signer must personally appear and be identified
- Used when witnessing is required but sworn statement is not
Last updated: January 2026
Signature Witnessing
Signature witnessing is a notarial act where the notary observes and attests to a person signing a document.
What is Signature Witnessing?
The notary:
- Verifies the signer's identity
- Witnesses the signer execute (sign) the document
- Attests that the signer appeared and signed knowingly and willingly
Key Distinction from Other Acts
| Feature | Signature Witnessing | Jurat | Acknowledgment |
|---|---|---|---|
| Signed in presence | YES | YES | No (can be pre-signed) |
| Oath administered | NO | YES | NO |
| Signer swears truth | NO | YES | NO |
| Personal appearance | YES | YES | YES |
Signature Witnessing Process
- Signer personally appears with unsigned document
- Notary verifies signer's identity
- Signer signs document in notary's presence
- Notary confirms signer signed knowingly and willingly
- Notary completes certificate and affixes seal
Montana Signature Witnessing Certificate
State of Montana
County of ______________
I certify that _________________________________ [name(s)]
signed this record in my presence on _____________ [date].
[Signature of notarial officer]
[Stamp/Seal]
When to Use Signature Witnessing
Use signature witnessing when:
- A witnessed signature is required
- No sworn statement about document contents is needed
- The document does not specify acknowledgment or jurat
Common Documents
- Certain contracts
- Documents requiring witnessed signatures
- Forms not requiring sworn statements
On the Exam
- Sign in presence: Must be signed before the notary
- No oath: Unlike a jurat, no oath is administered
- Identity required: Notary must verify signer's identity
- Knowing and willing: Signer must sign voluntarily
Test Your Knowledge
What is the main difference between signature witnessing and a jurat?
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