4.3 Credible Witness Identification

The Credible Witness Method in Utah

Utah's third path to satisfactory evidence of identity is the oath or affirmation of a credible person (a credible witness) who is personally known to the notary and who personally knows the signer. This is written into the definition in Utah Code 46-1-2 as a co-equal method alongside personal knowledge and photo ID.

A frequent exam trap is the two-witness / hardship rule from other states (notably California), where a signer may use credible witnesses only when they cannot obtain an ID, and two unaffiliated witnesses are required. Utah is different. Utah's statute requires only one credible person and does not, by its plain text, condition use on the signer's inability to obtain identification. That said, prudent notaries reserve it for genuine situations and never as a routine shortcut.

Who May (and May Not) Serve

The witness must be a person whose word the notary can rely on. The witness should be impartial and should not be a party to the document or have a disqualifying interest in the transaction — a witness who profits from the document undermines the impartiality the notary relies upon.

The Step-by-Step Procedure

1. The credible witness appears before the notary. If the notary does not personally know the witness, the notary first identifies the witness with a qualifying photo ID.
2. The notary administers an oath or affirmation to the witness.
3. The witness swears that the signer is the person they claim to be (and, as best practice, that the witness has no disqualifying interest and is not a party to the document).
4. The signer appears before the notary in the same session.
5. The notary completes the notarial act based on the witness's sworn identification.
6. The notary journals the act, recording the witness's signature, printed name, and address, plus a note that a credible witness was used.

Worked Scenarios

Scenario A — appropriate use: An 88-year-old nursing-home resident must sign a power of attorney. He let his license lapse years ago and no longer drives. His daughter's longtime friend — whom the notary has known for a decade and who has known the resident for years — appears, is identified, takes an oath, and vouches for him. This is a textbook credible-witness identification.

Scenario B — caution: A signer simply forgot his wallet at home and his coworker offers to vouch. Although Utah's statute does not flatly prohibit a credible witness here, the better course is to have the signer retrieve or replace his ID. Relying on convenience witnesses erodes the safeguard and invites fraud.

Scenario C — must refuse: A stranger the notary has never met arrives with another stranger who offers to "confirm" the signer's identity. Because the notary cannot identify the witness and does not personally know them, the witness must first be identified by qualifying ID; if that is impossible, the notary cannot proceed.

How the Credible Witness Differs From a Subscribing Witness

The exam may try to confuse the credible witness with a subscribing (signing) witness. They are not the same role:

• A credible witness identifies the signer for the notary and takes an oath about the signer's identity. The credible witness does not sign the document being notarized.
• A subscribing witness watches the principal sign (or signs the document on the principal's behalf in some acts) and is a witness to the execution of the document itself, not a tool for identifying the principal to the notary.

Confusing them leads to wrong answers: a credible witness solves the identity problem, while a subscribing witness solves a signing/execution problem. In the credible-witness procedure, the witness's job ends once they have sworn to who the signer is.

The Witness's Oath in Plain Language

When you administer the oath, the witness should affirm something like: "Do you solemnly swear or affirm that the person before us is the individual they claim to be, that you personally know that person, and that you have no disqualifying interest in this matter?" The witness's verbal "I do" under oath is the legal substitute for a photo ID. Because it carries the weight of a sworn statement, a false answer exposes the witness to perjury liability — which is precisely what gives the method its reliability.

Documentation Checklist

For a clean, defensible record when a credible witness is used, your journal should capture:

• The witness's signature, printed name, and mailing address (required by Utah journal rules).
• A notation that identity was established by credible witness rather than ID or personal knowledge.
• If you did not personally know the witness, the type and details of the ID you used to identify the witness.
• The date, time, and type of notarial act, exactly as for any other entry.

Keeping the witness's contact information matters because, unlike a license number, the witness is the audit trail. If the notarization is later challenged, the witness may need to be located and questioned about the oath they gave.

Exam takeaway: Utah needs one credible witness, known to the notary, knowing the signer, under oath, with the witness's signature, name, and address recorded in the journal. Do not import the two-witness or "cannot obtain ID" rules from other states, and do not confuse a credible witness with a subscribing witness.