Key Takeaways
- A credible witness can identify a signer who lacks proper identification
- The credible witness must be personally known to the notary
- The witness identifies the signer through oath or affirmation
- The witness should be honest, competent, and ideally without interest in the transaction
- This method is used when a signer cannot produce acceptable ID
Credible Witness Identification
When to Use a Credible Witness
A credible witness may be used when an individual requesting notarial services:
- Does not have satisfactory forms of identification
- Cannot produce two forms of acceptable ID
- Has lost or misplaced their identification
Requirements for the Credible Witness
| Requirement | Detail |
|---|---|
| Known to notary | Must be personally known to the notary |
| Character | Should be honest and competent |
| Interest | Ideally without interest in the transaction |
| Identity | The witness must identify the signer under oath |
The Credible Witness Process
Step 1: Verify the Witness
The notary must personally know the credible witness. This is essential - you cannot rely on ID for the witness and then have the witness identify the signer.
Step 2: Administer Oath to Witness
The notary administers an oath or affirmation to the credible witness, asking them to swear/affirm:
- They know the identity of the signer
- The signer is who they claim to be
Step 3: Document the Identification Method
The notary should note in the notarial certificate (and journal if maintained) that identification was established through a credible witness.
Example Scenario
A notary is asked to notarize a document for Jane Doe. Jane has lost her wallet and has no identification with her. However, her coworker, Bob Smith, is present. The notary personally knows Bob from previous interactions. Bob takes an oath affirming that Jane is who she claims to be. The notary can proceed with the notarization using Bob as a credible witness.
Important Considerations
| Factor | Guidance |
|---|---|
| Relationship | The witness should have genuine knowledge of the signer |
| Interest | Avoid witnesses who benefit from the transaction |
| Presence | The witness must be present at the notarization |
| Documentation | Record how identity was established |
Limitations
- The credible witness method should only be used when other methods are unavailable
- The notary must be confident in the witness's reliability
- If the notary has any doubts, they should decline the notarization
Risk Warning: Using a credible witness places additional responsibility on the notary. Ensure the witness is truly credible and has genuine knowledge of the signer's identity.
What is the key requirement for a person to serve as a credible witness to identify a signer?
In what situation would a credible witness typically be used?