Key Takeaways
- A credible witness may identify a signer who lacks acceptable ID
- The witness must appear before the notary and take an oath
- The witness must have no financial interest in the transaction
- The witness must either be known to the notary or present acceptable ID
- This is a backup method when standard identification is unavailable
Credible Witnesses
When a signer cannot produce acceptable identification, Ohio law allows a credible witness to vouch for the signer's identity. This is a backup method—not a convenience shortcut.
When to Use a Credible Witness
Appropriate situations for credible witness identification:
| Situation | Example |
|---|---|
| Lost or stolen ID | Wallet was stolen recently |
| Expired ID beyond 3 years | Driver's license expired 5 years ago |
| No ID ever obtained | Elderly person without driver's license |
| ID unavailable | ID locked in safe, being renewed |
Requirements for a Credible Witness
The credible witness must meet ALL of the following requirements:
| Requirement | Details |
|---|---|
| Personal appearance | Must appear before the notary in person |
| Identity verification | Must be known to notary OR present acceptable ID |
| Knowledge of signer | Must personally know the signer |
| Oath | Must take an oath affirming the signer's identity |
| No financial interest | Cannot benefit from the transaction |
The Credible Witness Oath
The witness must take an oath that includes:
- "I personally know this person" — The witness has personal knowledge of the signer
- "This is [signer's name]" — Affirming the signer's specific identity
- "I have no financial interest in this transaction" — Confirming no stake in the outcome
Oath Example
"Do you solemnly swear that you personally know [signer's name], that the person before me is [signer's name], and that you have no financial interest in this transaction, so help you God?"
Or the affirmation version:
"Do you affirm under penalty of perjury that you personally know [signer's name], that the person before me is [signer's name], and that you have no financial interest in this transaction?"
Financial Interest Disqualification
A person with financial interest in the transaction cannot serve as a credible witness:
| Disqualified | Example |
|---|---|
| Beneficiary of a will | Would receive inheritance |
| Grantee in a deed | Would receive property |
| Party to a contract | Would receive payment or services |
| Business partner | Benefits from the transaction |
| Lender in a loan | Would receive loan payments |
Who Can Serve as a Credible Witness
| Acceptable Witnesses | Why |
|---|---|
| Unrelated friend | No financial interest |
| Neighbor | Knows signer, no interest |
| Coworker | Not involved in transaction |
| Family member (sometimes) | Only if NO financial interest |
Credible Witness Procedure
Step-by-Step Process
- Signer appears without acceptable ID
- Witness appears with the signer
- Verify witness — through personal knowledge or acceptable ID
- Administer oath to the credible witness
- Witness affirms signer's identity
- Document the method — note credible witness was used
- Proceed with notarization
Documentation
When using a credible witness, the notary should document:
| Information | Purpose |
|---|---|
| Witness name | Record of who identified signer |
| How witness was identified | Personal knowledge or type of ID |
| Witness ID details (if applicable) | ID type and number |
| Relationship to signer | How they know the signer |
Limitations
| Limitation | Explanation |
|---|---|
| Must know signer personally | Cannot vouch for stranger |
| Must appear before notary | Cannot phone or email |
| Must be truthful | False statement is perjury |
| Cannot have financial interest | Must be disinterested party |
On the Exam
Key points about credible witnesses:
- Backup method: Only when signer has no acceptable ID
- Oath required: Witness must swear to signer's identity
- No financial interest: Key disqualifier
- Witness identification: Notary must verify witness identity too
- Documentation: Record all credible witness details
What must a credible witness do before the notary?
Who is disqualified from serving as a credible witness?