Key Takeaways
- A credible witness may identify a signer who has no acceptable ID and cannot reasonably obtain one
- The credible witness must be impartial, personally known to the notary, and personally know the signer
- The credible witness must take an oath or affirmation attesting to the signer's identity
- Credible witnesses may NOT be used for convenience when the signer simply forgot their ID
- The witness must have no financial interest in the transaction
Credible Witness Identification
When a signer cannot present acceptable identification and obtaining ID would be very difficult or impossible, Utah law allows the use of a credible witness to establish identity.
What Is a Credible Witness?
A credible witness is an impartial person who:
- Is personally known to the notary
- Personally knows the signer
- Can take an oath attesting to the signer's identity
- Has no financial interest in the transaction
- Is not a party to the document
Requirements for Credible Witness Use
| Requirement | Description |
|---|---|
| Signer lacks ID | No acceptable identification available |
| Cannot obtain ID | Would be very difficult or impossible to get ID |
| Witness qualifications | Meets all credible witness requirements |
| Oath administered | Witness must swear to signer's identity |
When Credible Witnesses Are Appropriate
Credible witnesses should only be used in genuine hardship situations:
Appropriate Situations
| Situation | Example |
|---|---|
| Elderly in care facility | Nursing home resident who no longer drives and has no current ID |
| Mobility limitations | Homebound person unable to visit DMV |
| Lost/stolen ID | Person whose ID was stolen and obtaining replacement is difficult |
| Certain disabilities | Individuals unable to obtain standard ID |
NOT Appropriate Situations
| Situation | Why Not |
|---|---|
| Forgot ID at home | Can retrieve it or reschedule |
| ID expired recently | Can renew at DMV |
| Convenience | Signer prefers not to show ID |
| Left wallet in car | Can walk to car and get it |
Important: The credible witness option is NOT for convenience. Able-bodied people who let their license expire must obtain a current license rather than use a credible witness.
The Credible Witness Affidavit
Utah provides an official Credible Witness Acknowledgment form. The process:
- Witness appears before the notary with their own ID
- Notary verifies the witness's identity
- Witness takes oath affirming they:
- Personally know the signer
- Believe obtaining ID would be very difficult or impossible
- Have no financial interest in the transaction
- Are not a party to the document
- Signer appears before the notary
- Notarization proceeds based on the witness's testimony
Credible Witness Statement
The witness must attest that:
- They personally know the signer
- They reasonably believe obtaining acceptable ID would be very difficult or impossible
- They have no financial interest in the transaction
- They are not a party to the document
Documentation
The notary's journal should include:
- The credible witness's name and contact information
- Description of the witness's identification
- Notation that a credible witness was used
- The oath administered to the witness
On the Exam
- Purpose: For signers who cannot obtain ID (not for convenience)
- Witness requirements: Known to notary, knows signer, no financial interest, not a party
- Oath required: Witness must swear to signer's identity
- Appropriate use: Elderly, disabled, hardship situations only
Who may serve as a credible witness under Utah law?
When is it appropriate to use a credible witness instead of documentary identification?
What must a credible witness do before the notary proceeds with the notarization?