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How To Record Credible Witnesses In Your California Notary Journal

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.

If you use credible witnesses to identify a signer, what information do you need to write down about the witnesses in your journal? Here’s what California Notaries need to know about recording credible witness information in a journal entry.

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.

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How To Record Credible Witness Information In A California Notary Journal
 

California Notaries are required by Government Code 8206(a)(2)(E) to record the following information in the journal entry for a single credible witness:

1. The signature of the credible witness or the type of identification presented by the witness.

2. If identification is presented, the type of ID, the serial or identifying number on the ID and the ID issuance or expiration date.

The Secretary of State urges as a best practice that both the signature and identification information be obtained in the journal entry for a single credible witness.

For two credible witnesses, the following information must be recorded in the journal:

1. The signature of each credible witness.

2. The type of written identification presented for each credible witness.

3. The serial or identifying number on each credible witness’ written identification.

4. The issuance or expiration date on each credible witness’ written identification.

If you need additional room to enter information about multiple witnesses, you can also use the “Additional Information” section of your journal entry.

See the sample credible witness information for a California journal entry in the photo above as a guide.

David Thun is an Associate Editor at the National Notary Association.

 

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Craig Fromme

08 Oct 2018

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