Key Takeaways

  • A credible witness can vouch for a signer's identity when ID is unavailable
  • Witness must personally appear before the notary
  • Notary must identify the witness through personal knowledge or ID
  • Witness takes an oath or affirmation regarding signer's identity
  • Montana allows one credible witness (some states require two)
Last updated: January 2026

Credible Witness Identification

When a signer cannot provide acceptable identification documents, Montana law permits identity verification through a credible witness.

What is a Credible Witness?

A credible witness is a person who:

  1. Personally knows the signer's identity
  2. Can be identified by the notary through:
    • Personal knowledge, OR
    • Acceptable ID document

Credible Witness Process

StepAction
1Witness personally appears with signer
2Notary identifies the witness
3Notary administers oath/affirmation to witness
4Witness swears/affirms signer's identity
5Notary proceeds with notarization

Requirements for the Credible Witness

RequirementDetails
Personal appearanceMust appear before notary with signer
Identity verifiedNotary must verify witness's identity
Knows signerMust personally know signer's identity
Takes oathMust swear/affirm under penalty of perjury
No financial interestShould not benefit from the transaction

Oath for Credible Witness

The notary administers an oath or affirmation similar to:

"Do you solemnly swear (or affirm) that you personally know [signer's name] and that [signer's name] is the person appearing before me today?"

Witness responds: "I do" or "Yes"

Who Should NOT Be a Credible Witness

PersonWhy Not
Party to the documentFinancial interest
BeneficiaryFinancial interest
Relative (in some cases)Potential bias
Anyone who cannot be identifiedCannot verify witness identity

Journal Entry Requirements

When using a credible witness, record in your journal:

  • Name of the credible witness
  • Identification used for the witness
  • That credible witness method was used
  • Witness signature (optional but recommended)

Comparison: ID vs. Credible Witness

MethodWhen to Use
ID DocumentSigner has acceptable current or ≤3 year expired ID
Credible WitnessSigner lacks acceptable ID but someone can vouch for them

On the Exam

  • Fallback method: Use when signer has no acceptable ID
  • Oath required: Witness must swear to signer's identity
  • Witness identified: Notary must verify the witness's identity first
  • No financial interest: Witness should not benefit from transaction
Test Your Knowledge

A signer has no ID but brings their adult child to vouch for their identity. What must the notary do first?

A
B
C
D
Test Your Knowledge

What must a credible witness do to verify a signer's identity?

A
B
C
D