Notary Knowledge: Verifying Identity with Credible Witnesses

What Is a Credible Witness?

A credible witness is an individual who personally knows a signer and, when permitted by state law, helps a notary verify the signer's identity when the signer cannot present acceptable identification.

Rather than relying on a government-issued ID, the notary relies on the sworn statement of the credible witness, provided all legal requirements have been met.

Credible witnesses are intended to be used only in specific situations authorized by law and should not replace normal identification procedures.

Why Are Credible Witnesses Used?

There are times when a person may legitimately need a document notarized but cannot present acceptable identification.

For example, the individual may:

• Have lost their identification.

• Be waiting for replacement documents.

• Be elderly and no longer drive.

• Have experienced theft of personal documents.

• Face other circumstances recognized by state law.

When permitted, a credible witness provides an alternative method of establishing the signer's identity.

Are Credible Witnesses Allowed Everywhere?

No.

The use of credible witnesses varies by state.

Some states:

• Allow one credible witness.

• Require two credible witnesses.

• Require the notary to personally know the witness.

• Require the witness to present identification.

• Do not allow credible witnesses at all.

  
  

Before relying on a credible witness, always verify your state's specific requirements.

Who Can Serve as a Credible Witness?

Although the rules differ by state, a credible witness generally must:

• Personally know the signer.

• Be able to truthfully identify the signer.

• Be impartial.

• Meet all requirements established by state law.

• Take an oath or affirmation when required.

A credible witness should be trustworthy, honest, and able to confidently confirm the signer's identity.

What Does the Credible Witness Swear To?

When required by state law, the credible witness typically swears or affirms that:

• They personally know the signer.

• The signer is the individual named in the document.

• The signer does not possess acceptable identification or cannot reasonably obtain it, if required by state law.

• The witness is providing truthful information.

Providing false information under oath may carry legal consequences.

One Witness vs. Two Witnesses

State laws differ regarding the number of credible witnesses required.

Some states permit:

One Credible Witness

In some jurisdictions, one credible witness may be sufficient, particularly if the notary personally knows that witness.

Two Credible Witnesses

Other states require two independent credible witnesses who both verify the signer's identity.

Never assume one method applies in every state.

The Notary's Responsibilities

Even when credible witnesses are permitted, the notary remains responsible for ensuring that every legal requirement has been satisfied.

The notary should:

• Confirm personal appearance.

• Verify that state law permits the use of credible witnesses.

• Properly identify the witness or witnesses when required.

• Administer any required oath or affirmation.

• Complete the notarial certificate accurately.

• Record the notarization in the journal when required or recommended.

  
  

Using a credible witness does not reduce the notary's responsibilities.

When a Credible Witness Should Not Be Used

A credible witness should not be used simply because it is more convenient.

The notary should not rely on a credible witness if:

• State law does not permit it.

• The signer has acceptable identification available.

• The witness does not meet legal requirements.

• The witness appears uncertain about the signer's identity.

• The witness has a prohibited conflict of interest.

• Any required oath or affirmation cannot be administered.

When legal requirements cannot be met, the notarization should not proceed.

Common Mistakes

Avoid these common errors:

• Assuming every state allows credible witnesses.

• Failing to identify the witness when required.

• Forgetting to administer the required oath or affirmation.

• Using a witness who does not personally know the signer.

• Relying on a witness with a prohibited conflict of interest.

• Skipping required journal entries.

• Using a credible witness when acceptable identification is available and required.

Following state law carefully helps ensure the notarization remains valid.

Best Practices

Professional notaries should always:

• Verify that state law authorizes credible witnesses.

• Understand whether one or two witnesses are required.

• Confirm the witness personally knows the signer.

• Carefully administer all required oaths or affirmations.

• Maintain detailed journal records when required or recommended.

• Decline the notarization if identity cannot be established with confidence.

Consistency protects both the public and your commission.

Credible Witness Checklist

Before relying on a credible witness, confirm that:

✓ State law permits the use of credible witnesses.

✓ The signer personally appeared before you.

✓ The credible witness personally knows the signer.

✓ The witness meets all legal requirements.

✓ Any required identification for the witness has been verified.

✓ Any required oath or affirmation has been administered.

✓ The notarial certificate has been completed accurately.

✓ Your journal entry has been completed if required or recommended.

Final Thoughts

Credible witnesses provide an important alternative for verifying identity when traditional identification is unavailable and state law permits their use.

Because the rules vary significantly among jurisdictions, every notary should understand their state's specific requirements before relying on this method. By carefully following the law and maintaining accurate records, you help protect both the signer and the integrity of the notarization process.

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Frequently Asked Questions

What is a credible witness?

A credible witness is a person who personally knows the signer and, when permitted by state law, helps verify the signer's identity when acceptable identification is unavailable.

Can every state use credible witnesses?

No. Some states allow credible witnesses, some impose specific requirements, and others do not permit them. Always follow your state's laws.

Does a credible witness need identification?

In many states, yes. The notary may need to verify the witness's identity before relying on their testimony. Requirements vary by jurisdiction.

Can a family member serve as a credible witness?

Possibly. Whether a family member may serve as a credible witness depends on your state's laws and whether the individual meets all legal requirements, including any impartiality standards.

Can I use a credible witness if the signer forgot their driver's license at home?

Not automatically. If the signer can reasonably obtain acceptable identification or if state law does not authorize the use of credible witnesses in that situation, the notarization should be postponed until proper identification is available.

What should I do if I am unsure whether a credible witness is allowed?

Consult your state's notary laws before proceeding. If you cannot confirm that all legal requirements are satisfied, do not complete the notarization.

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