Signature Witnessing

Signature witnessing is a notarial act in which the notary watches the signer physically sign a document and certifies that they witnessed the signing. It is a simpler act than either an acknowledgment or a jurat.

What Makes Signature Witnessing Different

Signature witnessing is sometimes confused with acknowledgments and jurats, but it is a distinct act:

In a signature witnessing, the notary certifies only two things:

1. They identified the signer
2. They watched the signer sign the document

There is no oath, no affirmation, and no declaration of voluntariness or purpose.

When Signature Witnessing Is Used

Signature witnessing is typically used for:

• Documents that require a witnessed signature but do not specify acknowledgment or jurat
• Informal agreements where parties want proof that specific individuals signed
• Forms that simply state "signature must be witnessed by a notary public"
• Situations where the document drafter wanted a neutral witness to the signing

Procedure

1. Signer personally appears before the notary with the unsigned document
2. Notary identifies the signer using acceptable methods
3. Signer signs the document in the notary's presence
4. Notary completes the signature witnessing certificate
5. Notary affixes their seal and signs the certificate
6. Notary records the act in their journal

State Availability

Not all states authorize signature witnessing as a separate notarial act. In states that do not, a notary may need to perform an acknowledgment or jurat instead, depending on what the document requires.

On the Exam

Signature witnessing questions focus on how it differs from other acts:

• Signing must occur in the notary's presence (like a jurat, unlike an acknowledgment)
• No oath or affirmation (unlike a jurat)
• No declaration of voluntariness (unlike an acknowledgment)
• Simplest notarial act — only identity + witnessed signing