California Requirements For Credible Identifying Witnesses

When may a credible witness identify the signer of a document? 

According to Government Code 1185(b)(1)(A), a credible witness may be used when a

signer does not possess an identification document listed in the statute and it

would be difficult or impossible to obtain one. In addition, a credible witness

may be used when the witness is not named nor financially interested in the

document.

A credible witness must know the signer well enough to swear or affirm five

facts to the Notary:

1. The signer is named in the document.

2. The credible witness personally knows the signer.

3. The signer doesn’t possess a qualifying identification document.

4. The signer’s circumstances make it difficult or impossible to obtain a

qualifying identification document.

5. The credible witness is not named in nor financially interested in the

document.

One credible witness may be used to identify the signer if the witness

personally knows the Notary and the signer. Two witnesses who do not

personally know the Notary may be used as well.

Just like signers, a credible witness cannot be identified based on the Notary’s

personal knowledge. Every credible witness — even those who know the

Notary personally — must present a written form of ID listed in California

Code 1185(b)(3) or (4) to the Notary.