Notarizing with credible witness is a legal process that involves the use of a witness to verify the identity of a signer who is unable to produce a valid identification document. This procedure is typically used when the signer does not possess any acceptable forms of identification or fails to produce them during a notarization. The credible witness, also known as a "relying on party," is a trusted individual who personally knows both the signer and the notary public. They are responsible for vouching for the signer's identity and affirming that they are who they claim to be. During the notarization process, the credible witness must be physically present with the signer and the notary public. The notary will administer an oath or affirmation to the witness, wherein they swear or affirm to the truthfulness of their statements. The witness then provides their personal identification information to the notary, who will record it in the notarial certificate. The credible witness must meet certain criteria to be considered valid. They should be an impartial and disinterested party, meaning they have no financial or legal interest in the document being notarized. Additionally, they need to have personal knowledge of the signer's identity, usually by having known them for an extended period or having sufficient contact to confidently affirm their identity. Notarizing with a credible witness is most commonly used in situations where personal identification documents have been lost, stolen, or destroyed. It may also be employed in cases where the signer is elderly, incapacitated, or unable to provide suitable identification due to extenuating circumstances. There are two types of notarizing with credible witness: 1. Single credible witness: In this type, only one person acts as the credible witness to verify the signer's identity. This individual must meet all the requirements mentioned earlier and must provide their own valid identification to the notary. 2. Dual credible witnesses: In certain jurisdictions, two credible witnesses may be required to validate the signer's identity. Both witnesses need to meet the same criteria as a single credible witness and furnish their identification details to the notary. Notarizing with credible witness ensures that documents are properly authenticated despite the lack of conventional identification. By relying on trustworthy individuals who personally know the signer and have no vested interest in the transaction, this process enhances the integrity and reliability of notarial acts.
Notarizing With Credible Witness
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The credible witness must sign the notary public's official journal or the notary public must record in the notary public's official journal the type of identification document presented, the governmental agency issuing the document, the serial number of the document, and the date of issue or expiration of the document ...
In many states, if a notary public uses the oath of a credible witness to verify the identity of a signer to perform a notarial act, the credible witness must be personally known to both the signer and the notary or prove his or her identity using an acceptable form of identification.
Both credible witnesses must personally know the document signer and possess an acceptable identification document to present to the notary for positive identification. When two credible witnesses are used, they both complete the credible witness affidavit, sign it and print their names under their signatures.
A credible witness must take an oath or affirmation. ?Do you swear (affirm) you know that this signer is the person he/she claims to be??
California allows Notaries to identify the signer through one or two credible identifying witnesses under certain situations. A credible witness is an individual who personally knows the signer and can vouch for the signer's identity to the Notary.