Updated 3-5-24. Identifying signers is the Notary's number one duty. So what do you do if the signer lacks a driver's license or other forms of satisfactory ID? One option permitted in some states is to have one or more credible witnesses who can vouch for the signer's identity.
In this article, we answer commonly asked questions from Notaries about credible identifying witnesses, including:
- What is a credible identifying witness?
- Can a credible identifying witness be related to the signer?
- How well must a credible identifying witness know a signer?
- What type of ID can I accept from a credible identifying witness?
What is a credible identifying witness?
A credible identifying witness is an individual who knows and can verify the identity of a signer.
The witness appears at the time of the notarization and takes an oath or affirmation before the Notary that the signer is who they claim to be but lacks other forms of ID. Essentially, a credible identifying witness serves as a human ID card for the signer.
Typically, an identifying witness must personally know the signer and the Notary. Texas, for example, permits the use of a single credible witness who is personally known to the Notary for acknowledgments (Civil Practice and Remedies Code Section 121.005) or a credible identifying witness either personally known to the Notary or who provides qualifying identification for any other notarial act for which the signer must be identified (Texas Administrative Code 87.40 (2)). Some states, such as California and Florida, permit the use of two credible identifying witnesses who aren’t known by the Notary personally but do know the signer and present proof of their own ID (such as a driver’s license).
Can a credible identifying witness be related to the signer?
Being related to the signer doesn’t automatically disqualify a witness, but some states have laws stating that an identifying witness must be unaffected by the transaction (Massachusetts and Nebraska). In North Carolina, a Notary must believe the individual is not a party to or beneficiary of the transaction. Witnesses in California and Florida must swear as part of their oath that they do not have a financial interest in, nor are parties to, the underlying transaction. Depending upon the nature of the transaction, a close family member may not qualify to be a credible identifying witness.
For example, if a person asks you to notarize a document transferring ownership of a vehicle from the signer to his father, the father would not be “credible” as a witness because he stands to benefit from the transaction. However, if the father isn’t named in the title transferring the vehicle, he could serve as a witness.
How well should the credible identifying witness know the signer?
Technically, this isn’t the Notary’s call. If you personally know a credible identifying witness you may also know that the witness also knows the signer. However, you do not have a duty to investigate the relationship between a signer and witness. Your only duty is to properly administer the oath or affirmation compelling the witness to swear or affirm that he or she knows the signer. (Of course, if the witness lies in swearing to know the signer, the witness will be subject to the penalty of perjury.)
What kind of ID can I accept from a credible identifying witness?
Many states that allow only one credible identifying witness require the witness to be personally known by the Notary. In these states, witnesses are not required to present ID. However, in some states — such as Arizona, Iowa, North Dakota, Oregon and West Virginia — one witness may present an identity document.
In these states as well as the states that allow for two identifying witnesses, a witness’s ID must come from the same statutory list of acceptable IDs that applies to the signer.
In states that don’t specify a particular form of ID, you may accept the same type of ID that you would ask of any signer.
Unsure how to perform a notarization? Want to brush up on your skills? Notary Essentials can give you the expertise you need to perform the most common notarial acts in your state with ease and accuracy.
Related Articles:
5 steps to a proper notarization
Notary Basics: How to deal with unreliable or suspicious ID
How to record credible witness information in your California Notary journal
How to record credible witness information in your Texas Notary journal
How to record credible witness information in your Notary journal
Additional Resources:
NNA Hotline