4.2 Alternative Identification Methods
Key Takeaways
- Personal knowledge of the signer is acceptable
- One credible witness personally known to the notary can vouch for the signer
- Two credible witnesses who know the signer can be used
- Credible witnesses must not benefit from the transaction
- Credible witnesses must present acceptable ID
When Alternative Methods Apply
Sometimes signers do not have acceptable identification. Nebraska law provides alternative methods to establish identity in these situations.
Method 1: Personal Knowledge
The notary personally knows the signer.
| Requirement | Details |
|---|---|
| Type of knowledge | Through interaction over time |
| Duration | Long enough to establish identity |
| Examples | Family member, long-time friend, regular client |
| Caution | Must be genuine personal knowledge, not casual acquaintance |
Important: "Personal knowledge" means you know the person well enough that you are certain of their identity without needing ID.
Method 2: One Credible Witness
One credible witness who is:
| Requirement | Details |
|---|---|
| Known to notary | Notary personally knows the witness |
| Knows the signer | Witness personally knows the signer |
| Has acceptable ID | Witness must present acceptable ID to notary |
| Unaffected | Witness has no interest in the document/transaction |
| Takes oath | Witness swears to the signer's identity |
Method 3: Two Credible Witnesses
Two credible witnesses who:
| Requirement | Details |
|---|---|
| Know the signer | Both witnesses personally know the signer |
| Have acceptable ID | Both witnesses must present acceptable ID |
| Unaffected | Neither witness has interest in the document/transaction |
| Take oaths | Both witnesses swear to the signer's identity |
Note: With two credible witnesses, the notary does NOT need to personally know the witnesses.
Comparison of Methods
| Method | Notary Knows Signer | Notary Knows Witness | Witness Knows Signer | Witness ID Required |
|---|---|---|---|---|
| Personal knowledge | Yes | N/A | N/A | N/A |
| 1 credible witness | No | Yes | Yes | Yes |
| 2 credible witnesses | No | No | Yes (both) | Yes (both) |
Credible Witness Requirements
A credible witness must:
| Requirement | Reason |
|---|---|
| Be impartial | Cannot benefit from the transaction |
| Not be named in document | Cannot be a party to the document |
| Be a disinterested party | No financial interest |
| Take an oath | Swear to the signer's identity |
| Present acceptable ID | Unless personally known to notary |
Administering the Oath to Credible Witness
Example oath for credible witness:
"Do you solemnly swear (or affirm) that you personally know [signer's name], that you believe [he/she] is the person whose signature is required on this document, and that you have no interest in this transaction?"
On the Exam
- Personal knowledge = Notary personally knows the signer through interaction over time
- 1 credible witness = Known to notary AND knows the signer
- 2 credible witnesses = Both know the signer (notary doesn't need to know them)
- Credible witnesses must be impartial (no interest in transaction)
- Credible witnesses must take an oath and present ID
A signer has no ID but brings one credible witness. What must be true for the notary to proceed?
Two credible witnesses are vouching for a signer's identity. Which statement is true?
Which of the following persons could NOT serve as a credible witness?