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Credible Witness
- Is a notary public allowed to use a credible witness to verify the identity of a signer in all states?
- When I use a credible witness to confirm the identity of a signer, does the credible witness have to be personally known to me?
- I identified a signer through a credible witness whom I personally knew, but later, I realized that I failed to give the credible witness an oath. Can the document be invalid because of this mistake?
- Can the husband act as the credible witness to identify the wife who does not have proper identification?
- Can a notary use a parent as the credible witness to verify the identity of a minor who does not have a driver’s license?
Is a notary public allowed to use a credible witness to verify the identity of a signer in all states?
No. The notary statutes in some states do not specifically authorize their notaries public to verify the identity of a signer through the oath of a credible witness. To determine the method forms of identification a notary public may use in your state to perform a notarial act, review your state notary statute.
When I use a credible witness to confirm the identity of a signer, does the credible witness have to be personally known to me?
It depends on your state's notary law. 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.
I identified a signer through a credible witness whom I personally knew, but later, I realized that I failed to give the credible witness an oath. Can the document be invalid because of this mistake?
That is a question that can only be decided in a court of law. However, when using a credible witness to verify the identity of a signer, a notary public must first administer an oath or affirmation to the credible witness (who will attest that the signer has the identity claimed) to compel truthfulness under the penalty of perjury.
Can the husband act as the credible witness to identify the wife who does not have proper identification?
No. A credible witness is impartial and unaffected by the transaction that is the subject of the notarial act. The credible witness, like the notary public, must be a totally disinterested third party.
Can a notary use a parent as the credible witness to verify the identity of a minor who does not have a driver’s license?
No. A credible witness is impartial and unaffected by the transaction that is the subject of the notarial act. The credible witness, like the notary public, must be a totally disinterested third party.
Legal disclaimer: The information provided on this page is for general informational purposes only and should not be relied upon as legal advice. We do not claim to be attorneys and we do not guarantee the accuracy, completeness, or reliability of the information provided. You should always seek the advice of a licensed attorney for any legal matters. It is your responsibility to know the appropriate notary laws governing your state. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, losses, damages, or expenses, howsoever arising, including, and without limitation, direct or indirect loss, or consequential loss, out of or in connection with the use of the information contained on any of the American Association of Notaries website pages. Notaries are advised to seek the advice of their state’s notary authorities or attorneys if they have legal questions.