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:

  1. Verifies the signer's identity
  2. Witnesses the signer execute (sign) the document
  3. Attests that the signer appeared and signed knowingly and willingly

Key Distinction from Other Acts

FeatureSignature WitnessingJuratAcknowledgment
Signed in presenceYESYESNo (can be pre-signed)
Oath administeredNOYESNO
Signer swears truthNOYESNO
Personal appearanceYESYESYES

Signature Witnessing Process

  1. Signer personally appears with unsigned document
  2. Notary verifies signer's identity
  3. Signer signs document in notary's presence
  4. Notary confirms signer signed knowingly and willingly
  5. 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?

A
B
C
D