How to record credible witnesses in your Notary journal

When a signer lacks identification documents, some states permit Notaries to identify the signer through one or two credible witnesses. 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 in your journal? Here are some guidelines for recording credible witness information in a journal entry.

State requirements for credible identifying witnesses vary

Requirements for credible witnesses are different in each state. In Nevada (NRS 240.0025) and Pennsylvania (57 Pa.C.S. 307[b]), only a person who personally appears before the Notary and personally knows both the signer and the Notary may serve as a credible identifying witness. Florida gives signers the option of being identified by one credible witness who personally knows the Notary and the signer or two credible witnesses who personally know the signer and present ID cards to the Notary (FS 117.05[5][b]). Under Florida law, 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.

Arizona (ARS 41-311[11][a]) and Colorado (CRS 24-21-507[2]) allow signers to be identified by a single credible witness who either personally knows the signer and Notary, or who personally knows the signer and can provide satisfactory ID to the Notary. Pennsylvania, Florida and Colorado require the credible witness’ oath or affirmation to be in writing. Always be sure to follow your state’s rules for using credible witnesses to identify a signer.

Journal entry requirements for credible witnesses

Since a credible witness essentially serves as a human ID card for the signer, any information you record about credible witnesses should be written in the ID section of the journal entry. If you need additional room to enter information about more than one witness, you can also use the “Additional Information” section of your journal entry.

Again, you must follow your state’s rules for Notary journals when recording information about a credible witness. For example, the Arizona Secretary of State requires the Notary to record the full name, address and signature of each credible witness in the journal entry along with the type of identification presented by the credible witness (Arizona Notary Public Reference Manual), while Massachusetts Notaries are only required to note in the journal entry that the signer was identified on the oath or affirmation of a credible witness (GL 222 Sec. 22[e]).

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Journal entry recommendations in states with no journal rules

Some states, such as Florida, permit the use of credible identifying witnesses but do not require Notaries to keep a journal. If you’re a Notary in a state that doesn’t provide journal guidelines, but want to record information about a credible witness in your journal, the NNA recommends following Standard VIII-A-2 of The Notary Public Code of Professional Responsibility:

1. Note that the signer was identified by one or two credible witnesses.

2. Record the name and address of each credible witness.

3. Have each credible witness sign your journal entry.

Please see the sample credible witness information in the photo above as an example for states without journal guidelines.

David Thun is the Assistant Managing Editor with the National Notary Association.

Related Articles:

A Notary’s guide to completing journal entries

What every Notary needs to know about journals

9 Comments

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Lisa Z.

14 Jan 2025

In Montana on documents that require witnesses be present at the time of the signing, example being a Last Will and Testament, what information do you record in your journal entry for these witnesses? Thank you.

National Notary Association

28 Jan 2025

Hello. Notaries should not notarize a last will and testament unless authoritative legal instructions are provided to the Notary. Please see here for more information: https://www.nationalnotary.org/knowledge-center/about-notaries/tips-tutorials/notarize-wills In Montana, the following information is required for a Notary's journal entries (MCA 1-5-618[3]): Date and Time: The date and time of the notarial act. Description of Record: A description of the record, including the date of the record if indicated, and the type of notarial act. “Typically, this is the date of the document (if indicated) and the type of the document such as ‘contract,’ ‘deed,’ ‘power of attorney,’ ‘affidavit,’ etc. If more than one document is being notarized, each document should be described. The date may be the date the document was issued or the date it was signed and is usually printed on the document before it is signed. If no date appears on the document, you may consider the date of notarization as the date of the document. If you are unable to determine the type of document, the signer should be able to tell you what [type of document] is being signed” (NPH). Principal Name and Address: The full name and address of each principal. “Whenever possible, the printed name and address should be entered by the signer; the signature, of course, must always be entered by the signer. The signer should be advised to enter his or her name the same way it appears on the document being notarized. It does not matter whether the signer uses a business or home address” (NPH). Signature of Principal: The signature of each principal, except: Transcripts of depositions and certified copies do not require the signature of the individual for whom the notarial act is performed. If the notarial act is performed using communication technology, the journal record must reference the storage location of the audio-video recording in lieu of the signature of the principal. “This is absolutely the most important entry in the journal. This proves that the signer personally appeared to you at the time the notarization was performed” (NPH). Personal Knowledge: A statement that the identity of the principal is based on personal knowledge, if applicable. Satisfactory Evidence: A brief description of the method of identification and the identification credential presented, if any, including the date of issuance or expiration of any identification credential, if the identity of the principal is based on satisfactory evidence. Technology-Based Notarial Acts: A notation identifying the system or technology, or both, for notarial acts performed using an electronic notarization system or communication technology. Notary Fee: The fee, if any, charged by the Notary. The following information may not be entered in a Montana journal: “A notary public may not record in the journal a social security number, passport number, driver’s license number, birth date, or any other information prohibited by the secretary of state. A notary public may include other information descriptive of the record, including the number of pages in a document, whether the document was written in a foreign language, or other information pertaining to the record that is not otherwise prohibited by law or rule” (MCA 1-5-618[4]). The state Notary Public Handbook says the following regarding additional journal information: "Use [the additional information] space to include any information that may be pertinent to the situation. It is especially helpful to note anything unusual or additional that occurred or was a part of the transaction. Many journal entries will not require any additional information. Electronic journals often capture GPS data and allow you to take a picture of the signer, to provide additional proof of where the notarization took place and who signed the document” (NPH). “Many journals will have spaces for fingerprints or thumbprints. Montana law does not require thumbprints, but there is no prohibition against notaries including a finger or thumbprint as further proof of the signer’s presence and identity” (NPH).

Ali

31 Jul 2024

Does the state of Alabama allow a credible witness to be used for identify verification?

02 Aug 2024

Hello. Alabama provides the following guidelines for identification: “Except as otherwise provided in this section, any signature acknowledged by a notary public shall be executed within this state and shall be executed in the physical presence of the notary public at the time of the acknowledgment, only after the notary public has positively identified the prospective signatory via personal knowledge of the affiant or the examination of photo identification issued by a governmental entity or agency” (COA 36-20-73.1[a]). “It is obvious … that a duty is imposed upon notaries public to ascertain the identity of the person whose signature they attest” (Ardis v. State, 380 So. 2d 301, 304 [Ala. Cr. App. 1979]). “If the person whose signature the notary is to attest is not known to the notary, he should require whatever form of identification is adequate for him to reasonably ascertain the identification of that person. Photo identification is certainly preferable, but if it is not available, other sources of identification may be used. Acceptable sources of identification may include the birth certificates, social security cards, food stamp cards, marriage certificates, Medicaid, Medicare, or welfare identification or any form of governmentally issued identification” (Ala. Atty. Gen. Opinion 98-00116 of March 26, 1998).

EMELIO ROBINSON

27 Sep 2022

Does California have the same have the same credible witness rules as Arkansas?

28 Sep 2022

Hello. No. In California, a signer may be identified using the oath or affirmation of one credible witness personally known to the Notary and identified through statutorily prescribed ID cards or the oath or affirmation of two credible witnesses not personally known to the Notary and identified through statutorily prescribed ID cards (CC 1185[b]).

Emelio D Robinson

26 Sep 2022

Does the state of Arkansas allow a credible witness to be used to verify another person's identity?

Hello. Arkansas permits a signer to be identified by a credible witness during a remote online notarization (ACA 21-14-309[b][2]).

Janice H. Mannal

10 Sep 2018

Interesting that states vary so.

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State requirements for credible identifying witnesses vary

Journal entry requirements for credible witnesses

Journal entry recommendations in states with no journal rules

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