Credible Witness or Witnesses

Identification by Credible Witness
Revised November 6, 2025 | ASN Hot Tip, Originally Published March 2008

All people in need of notarial services must be personally known to the officiating notary public, or able to be identified by the notary using the methods and ID documents specified in the notary’s state laws and administrative rules.
 
Occasionally, a person seeking notarial services is not personally known to the notary, and they don’t have any form of documentary identification that the notary is allowed to accept. That’s why many states offer an additional way for a notary to identify these people.

Oath or Affirmation of a Credible Witness
In the states that allow it, another individual may swear under oath (or affirm) to the notary that they personally know the person seeking the notarial act, and that the person is the same one named in the document presented to the notary for notarization. 

States that allow identification by use of a credible witness differ in the procedures that must be followed. These are the most common:
(a) the individual swearing the required oath must also be personally known to the notary public; 
  or 
(b) the individual swearing the required oath must be:
   1. personally known to the notary public OR,
   2. able to show the notary satisfactory evidence of their identity in accordance with the notary’s state laws and regulations.
  or
(c) two individuals swearing the required oath must both personally know the individual and can present the notary with satisfactory evidence of their identification.

(Please note:  Carefully check your state law to note the exact procedures allowed in your state, if applicable.)

Use of a credible witness is effective because those vouching for the identity of the person seeking the notarial act are subject to the penalties of perjury if later, it is found that they were untruthful.  

Notaries relying on the oath or affirmation of one or two credible witnesses must carefully record that fact in the journal entry for the underlying notarial transaction. In addition, a separate journal entry should be made for every credible witness who swears an oath to the officiating notary that they personally know the identity of the person seeking the notarial act. Remember that administering an oath or affirmation to any individual, for any purpose, is itself a separate notarial act that must be recorded in your journal.  

Among the states that allow identification by oath or affirmation of a credible witness, there are two methodologies:  (1) the notary asks the credible witness to verbally swear or affirm that they personally know the person seeking a notarial act is who they claim to be; or (2) the notary must obtain the credible witness’ sworn or affirmed statement in writing.

The credible witness process as a means of identification is for the client who is not personally known to the notary, has no form of identification and cannot be reasonably expected to obtain an acceptable ID. An example of such clients is elderly people with mobility issues, who live in a nursing home environment. Most haven’t driven a car in years and haven’t kept their driver’s license or other form(s) of identification up to date. Many different circumstances may cause a person to fall into this category. Use careful judgment when deciding if your client is eligible for identification by credible witness.

In addition, remember that since the credible witness(es) will serve as positive identification for the document signer, the credible witness(es) sworn affidavit must be obtained before performance of the notarial act for the document signer.

The following discussion of the credible witness process is general in nature. Carefully review your state’s statutes regarding the use of credible witness(es), if any, before attempting to use this method of identifying a client. (Notaries, not all states allow use of a credible witness; check your state’s laws and administrative rules carefully.)

One Credible Witness
All states allowing a notary to rely on one credible witness to identify a present individual require that the credible witness personally know the person whose signature is being notarized, and the officiating notary must personally know the credible witness. The purpose of this requirement is to maintain a chain of personal knowledge from the signer through the credible witness to the notary.

The credible witness will sign a written statement that:
1.  The person appearing before the notary is personally known to the credible witness and is the person whose name appears on the document in question.
2.  The credible witness reasonably believes that the document signer does not possess an acceptable form of identification.
3.  The credible witness reasonably believes that the circumstances of the document signer are such that obtaining an acceptable form of identification would be difficult or impossible.
4.  The credible witness does not have a financial interest in, nor is a party to, the transaction.

Upon signing the credible witness statement, the person making the statement will swear an oath or affirmation to the notary that the contents of the affidavit are true. The notary then takes the person’s oath or affirmation by asking, “Do you solemnly swear or affirm that the contents of this document are true [so help you God?” 

Upon receiving an affirmative verbal reply, the notary completes the Credible Witness Affidavit form by filling in the jurat section. They attach the Credible Witness Affidavit to the document and note on the document’s notarial certificate that identification was made through a Credible Witness Affidavit. The notary should complete two full recordbook (journal) entries, one for the credible witness affidavit and one for notarization of the related document.  In each recordbook (journal) entry, the two entries should be cross-referenced--  “This entry is related to entry #XXX…” or similar.

In the recordbook entry for the notarial act performed for the original document the notary should write: “Signer positively identified through credible witness affidavit; please see entry #XXX.”

Two Credible Witnesses
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. The notary administers a verbal oath/affirmation to both witnesses, then completes the jurat section of the affidavit. The notary notes each credible witness’ type of identification document, on the Credible Witness Affidavit. Do not write any ID card’s full serial number on a notarial certificate. It is sufficient to write the type of ID, issuing state and expiration date in the recordbook (journal) entry.  (Check your state-specific requirements for any additional, related requirements or prohibitions.)  

Have each credible witness sign and print their names, addresses and phone numbers in a recordbook  (journal) entry for the notarial act of completing the Credible Witness Affidavit. In each entry, record the type of identification document that was produced by each credible witness (remember NOT to record full serial numbers). In each entry’s space for additional information or comments, tie the entries together by writing:

“This entry is related to entry #XXX…,”

In the recordbook entry for the notarial act performed over the original document, use the space reserved for additional information or comments to write:

“Signer positively identified through credible witness affidavit; please see related entry/entries #XXX.”

Questions, comments on this Hot Tip?  Email support@asnnotary.org

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