Key Takeaways
- A credible witness can identify a signer who lacks acceptable ID
- The credible witness must take an oath or affirmation
- The witness must personally know the signer
- The witness must have no interest in the transaction
- The notary must verify the witness's identity
Credible Witnesses
When a signer cannot provide acceptable identification, a credible witness may be used to establish the signer's identity. This is an important backup method under RULONA.
What Is a Credible Witness?
A credible witness is a trustworthy person who:
- Personally knows the signer
- Can verify the signer's identity to the notary
- Takes an oath/affirmation regarding the signer's identity
Credible Witness Requirements
| Requirement | Purpose |
|---|---|
| Personally knows signer | Has direct knowledge of identity |
| Takes oath/affirmation | Swears to signer's identity |
| No beneficial interest | Cannot benefit from the transaction |
| Identity verified | Notary must verify witness's identity |
| Personally appears | Must be present before notary |
Who Can Be a Credible Witness?
| Acceptable | NOT Acceptable |
|---|---|
| Friend who knows signer well | Stranger to signer |
| Colleague with personal knowledge | Party to the transaction |
| Neighbor who knows signer | Anyone with financial interest |
| Anyone with no interest in document | Document beneficiary |
Credible Witness Procedure
Step 1: Witness Appears Before Notary
The credible witness must personally appear.
Step 2: Verify Witness Identity
The notary must verify the witness's identity through:
- Personal knowledge of the witness, OR
- Satisfactory evidence (acceptable ID)
Step 3: Administer Oath to Witness
"Do you solemnly swear (or affirm) that you personally know [signer's name], that they are the person appearing before me, and that you have no interest in this transaction?"
Witness must respond: "I do"
Step 4: Proceed with Notarization
After the oath, proceed with the notarial act as usual.
Types of Credible Witness Situations
| Situation | Solution |
|---|---|
| Signer has no ID | Use one credible witness known to notary |
| Notary doesn't know witness | Witness provides acceptable ID |
| Neither ID nor witness available | Cannot notarize |
Journal Entry Requirements
When using a credible witness, record in the journal:
| Entry | Information |
|---|---|
| Witness used | Note that credible witness was used |
| Witness name | Full name of credible witness |
| Witness identification | How witness was identified |
| Oath administered | Confirm oath was given |
Important Cautions
| Situation | Action |
|---|---|
| Witness seems uncertain | Don't proceed |
| Witness has interest in document | Find different witness |
| Can't verify witness identity | Cannot use that witness |
| Multiple signers, one witness | Witness must know all signers |
On the Exam
- When to use: Signer lacks acceptable ID
- Oath required: Yes, witness must take oath
- Interest in transaction: Witness cannot have any
- Verify witness identity: Required
- Journal entry: Record witness name and method
A signer has no ID but brings their brother who has a valid ID. Can the brother serve as a credible witness?
What must a credible witness do when identifying a signer?
The notary does not personally know the credible witness. What must happen?