Key Takeaways
- Personal knowledge means familiarity over time sufficient to eliminate every reasonable doubt about identity
- Examples include longtime coworkers, relatives known all your life, or childhood friends
- Casual acquaintance or recent introduction does NOT qualify as personal knowledge
- The notary must be prepared to testify in court that they personally knew the signer
- When in doubt, request identification even from people you know
Personal Knowledge
Utah law allows notaries to identify signers through "personal knowledge" as an alternative to documentary identification. However, this standard requires more than casual acquaintance.
Definition of Personal Knowledge
Utah Code defines personal knowledge as:
"Familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed."
Key Elements
| Element | Meaning |
|---|---|
| Familiarity | You know the person directly |
| Interactions over time | Not a recent introduction |
| Eliminate reasonable doubt | You are certain of their identity |
| Court testimony | You could swear to their identity |
Examples of Personal Knowledge
Acceptable Personal Knowledge
| Relationship | Why It Qualifies |
|---|---|
| Long-term coworker | Daily interactions over extended period |
| Close family member | Known since birth or for many years |
| Childhood friend | Long history of interaction |
| Long-term neighbor | Years of regular interaction |
NOT Personal Knowledge
| Relationship | Why It Does NOT Qualify |
|---|---|
| New coworker | Insufficient time for familiarity |
| Friend of a friend | No direct personal relationship |
| Someone you just met | No interactions over time |
| Celebrity you recognize | Recognition is not personal knowledge |
| Customer you see occasionally | Insufficient familiarity |
The Court Test
When deciding if you "personally know" someone, ask yourself:
"Could I stand in a court of law and swear under oath that I personally know this person and am certain of their identity?"
If you hesitate, request identification.
When to Request ID Anyway
Even if you believe you personally know someone, consider requesting ID when:
- You haven't seen them in a long time
- Their appearance has changed significantly
- The transaction is high-value or high-risk
- You have any doubt about their identity
- It's a formal or official document
Documenting Personal Knowledge
When relying on personal knowledge, your journal entry should note:
- "Identified by personal knowledge" rather than an ID description
- Your relationship to the signer (if appropriate)
- Be prepared to explain the basis for your knowledge
On the Exam
- Definition: Familiarity over time eliminating reasonable doubt
- Not sufficient: Casual acquaintance, recent meeting, celebrity recognition
- Court test: Could you testify under oath?
- When in doubt: Request identification
Which of the following would NOT qualify as "personal knowledge" under Utah law?
What is the "court test" for personal knowledge?