3.3 Credible Witness Identification
Key Takeaways
A credible witness is an honest, reliable, and impartial person who personally knows the individual and takes an oath or affirmation from the notary to vouch for that individual's identity (Section 486.600(7)).
One credible witness is enough only if the witness is personally known to the notary, personally knows the principal, and is disinterested in the document or transaction (Section 486.600(21)(b)).
Two credible witnesses are needed if the notary does not know the witness; each must personally know the principal, be disinterested, and show the notary satisfactory documentary ID.
The journal records each credible witness's handwritten signature, name, and address, and a description of the ID relied on for any witness the notary does not personally know (Section 486.705.1(6)(c)).
Credible witnesses are not principals, and the certificate states that they are "unaffected by the document."
Some signers have no current ID: an elderly resident whose license lapsed, a person whose wallet was stolen, a patient admitted without documents. Missouri's answer is the credible witness, a person who vouches for the signer's identity under oath or affirmation.
Who Is a Credible Witness
Section 486.600(7) defines a credible witness as "an honest, reliable, and impartial person who personally knows an individual appearing before a notary and takes an oath or affirmation from the notary to vouch for that individual's identity." The handbook repeats this definition under "Creditable Witness." A credible witness is not a principal. Section 486.600(18) excludes credible witnesses from that term even though they take an oath.
Two Routes Under Section 486.600(21)(b)
Satisfactory evidence may be:
the oath or affirmation of one credible witness disinterested in the document or transaction who is personally known to the notary and who personally knows the individual, or of two credible witnesses disinterested in the document or transaction who each personally knows the individual and shows to the notary documentary identification as described in paragraph (a).
| Requirement | One-witness route | Two-witness route |
|---|---|---|
| Number of witnesses | 1 | 2 |
| Witness personally known to the notary? | Yes, required | Not required |
| Witness personally knows the principal? | Yes | Yes, each witness |
| Disinterested in the document or transaction? | Yes | Yes, both |
| Witness shows the notary qualifying ID? | Not required (the notary knows the witness) | Yes, each shows a current government ID meeting Section 486.600(21)(a) |
| Oath or affirmation by the notary to the witness | Yes | Yes, to each |
The logic is a chain of trust. With one witness, the notary knows the witness and the witness knows the signer. With two witnesses, the notary does not know them, so each must prove his or her own identity with an ID, and two people instead of one must vouch for the signer.
Disinterested and Impartial
The witness must be disinterested in the document or transaction. The certificate forms say the witness "stated to me that (he)(she) personally knows the document signer and is unaffected by the document." Examples:
- A grantee on a deed, an heir under a will, or a person named in the document is not disinterested.
- A neighbor, friend, or coworker who gains nothing from the document can be disinterested.
- A witness must personally know the signer. Meeting the signer in the lobby an hour ago is not enough.
Administering the Witness Oath
The notary places each credible witness under oath or affirmation. Example wording (not prescribed by statute): "Do you solemnly swear (or affirm) that you personally know (signer's name), that the person before me is (signer's name), and that you have no interest in this document?" The witness must answer aloud.
Certificate Wording
The Missouri certificate forms (Sections 486.750, 486.755, 486.760) contain matching clauses:
- One witness: "(proved to me on the oath or affirmation of _____, who is personally known to me and stated to me that (he)(she) personally knows the document signer and is unaffected by the document,)"
- Two witnesses: "(proved to me on the oath or affirmation of _____ and _____, whose identities have been proven to me through identification documents and who have stated to me that they personally know the document signer and are unaffected by the document,)"
Journal Requirements
Under Section 486.705.1(6)(c), when identity is established by credible witnesses the journal must contain:
- the handwritten signature of each credible witness;
- the name and address of each credible witness; and
- for credible witnesses not personally known to the notary, a description of the identification documents relied on.
The principal's own entry (signature, printed name, address, type of act, document, fee) is still required. A notary still may not record Social Security or credit card numbers (Section 486.705.2).
Remote Online Notarization
A credible witness may also take part in a remote online notarization. "Appears in person" includes any required witness appearing by remote means (Section 486.1100(1)). The electronic journal records each credible witness's electronic signature, printed name, and address (Section 486.1185.1(6)(c)).
Exam Scenarios
- One known witness. A notary has worked with Dana for five years. Dana has known the signer, her aunt, for decades and has no interest in the aunt's affidavit. Dana may serve as the single credible witness.
- Two strangers. Two neighbors the notary has never met each know the signer and have current driver's licenses. Neither benefits from the document. Both may serve as credible witnesses after the notary checks their IDs and administers the oath.
- Interested witness. The only available witness is the buyer named in the deed the signer is acknowledging. The buyer is not disinterested, so the notary must find another witness or decline.
When may a Missouri notary identify a principal using only ONE credible witness?
When the witness shows a current government ID, even if the notary has never met the witness before
When the principal shows an expired ID that the witness confirms is genuine
When the witness is a relative of the principal who is also named as a beneficiary in the document
When the witness is personally known to the notary, knows the principal, and is disinterested
Two credible witnesses the notary has never met will identify a signer. What does Missouri law require of them?
At least one witness is related to the signer and has known the signer for ten years or longer
Each provides a Social Security number for the notary's journal
Each signs the document as a co-grantor and pays the $5 fee
Each personally knows the signer, is disinterested, and shows the notary qualifying ID
What must the journal contain for each credible witness under Section 486.705 RSMo?
Each witness's Social Security number and date of birth, with a photocopy of the witness's ID attached
Only the witness's first name and telephone number
Each witness's handwritten signature, name, and address, plus ID details for unknown witnesses
A statement of how much the witness was paid to appear, plus the witness's employer and job title
Sections you finish are checked off in the contents.