Key Takeaways
- A credible witness can vouch for a signer who lacks proper ID
- The credible witness must personally know the signer
- The credible witness must be positively identified by the notary
- The credible witness takes an oath or affirmation
- The credible witness has no financial interest in the transaction
Last updated: January 2026
Credible Witness Identification
When a signer cannot produce acceptable identification, Colorado law allows the use of a credible witness to establish identity.
What Is a Credible Witness?
A credible witness is a person who:
- Personally knows the signer
- Can be positively identified by the notary
- Takes an oath or affirmation vouching for the signer's identity
- Has no financial interest in the transaction
When to Use a Credible Witness
| Situation | Credible Witness Appropriate? |
|---|---|
| Signer has no ID | Yes |
| Signer's ID is expired more than 1 year | Yes |
| Signer's ID is suspicious | Consider refusing instead |
| Signer has acceptable ID | No, not needed |
Credible Witness Requirements
| Requirement | Description |
|---|---|
| Personal Knowledge | Must personally know the signer |
| Own Identification | Must present valid ID to notary |
| Oath/Affirmation | Must swear/affirm signer's identity |
| No Financial Interest | Cannot benefit from the transaction |
| Physical Presence | Must appear before notary |
Credible Witness Procedure
Step-by-Step Process
- Signer appears - Without acceptable ID
- Credible witness appears - With the signer
- Identify credible witness - Notary verifies witness's ID
- Confirm relationship - Witness confirms knowing signer
- Administer oath - Witness swears to signer's identity
- Proceed with notarization - Complete the notarial act
- Journal entries - Record witness information
Sample Credible Witness Oath
"Do you solemnly swear (or affirm) that [signer's name] is the person who you say they are, that you personally know them, and that you have no financial interest in this transaction?"
Journal Requirements for Credible Witness
| Information to Record | Description |
|---|---|
| Witness name | Full legal name |
| Witness address | Current address |
| Witness ID | Type and details of ID presented |
| Statement | That identity was established by credible witness |
Limitations
| Limitation | Explanation |
|---|---|
| Notary cannot be witness | Cannot act as both notary and credible witness |
| Financial interest | Witness cannot benefit from transaction |
| Document parties | Witness should not be named in document |
Who Makes a Good Credible Witness?
| Good Choices | Poor Choices |
|---|---|
| Long-time friend | Recent acquaintance |
| Family member (usually) | Business partner with interest |
| Employer/colleague | Person named in document |
| Neighbor | Someone the notary also doesn't know |
On the Exam
- Purpose: Establish identity when signer lacks ID
- Requirements: Personally knows signer, has valid ID, takes oath
- Disqualification: Financial interest in transaction
- Journal: Must record credible witness information
Test Your Knowledge
What is required of a credible witness in Colorado?
A
B
C
D
Test Your Knowledge
Can a person named as a beneficiary in a document serve as a credible witness for the signer?
A
B
C
D