The Credible Witness If the document signer lacks, for whatever reason, any form of ID Card with P.I.P.S. the State of California allows' the document signer to be identified through the process of Credible Witnesses. In this case, the Credible Witness serves as a "living I.D. card" for the document signer. The Notary Public must put the credible witness( es) under oath or affirmation that they believe that all of the following is true. A Credible Witness: Is personally known (using the same definition of personal knowledge as above) to the signer; Personally knows that the signer is the same person named in the document; Reasonably believes that the circumstances of the document signer are such that it would be very difficult or impossible for that person to obtain another form of identification; Believes that the signer does not have in their possession another form of I.D.; Is not named in the document and does not have a financial interest in the document. One Credible Witness - Known to signer AND Notary Public One Credible Witness is necessary to come with the document signer to identify the signer, if the Credible Witness is personaUy known to the Notary Public. The Notary Public makes the Credible Witness take an oath or affirmation, under penalty of perjury, that each of the instances noted above exist. The notary then records in his journal that the signer was identified by a Credible Witness, personally known to the Notary Public. The Credible Witness's name, address, and phone number should be recorded in the journal under "additional information." ! swear or affirm that: I can 10 signer Notarv Public Document Signer Doesn't Know Notary Has Friend who knows Notary Friend I know Document Signer and I know Notary
Transcript
The Credible Witness
If the document signer lacks, for whatever reason, any form of ID Card withP.I.P.S. the State of California allows' the document signer to be identifiedthrough the process of Credible Witnesses. In this case, the Credible Witnessserves as a "living I.D. card" for the document signer. The Notary Public must putthe credible witness( es) under oath or affirmation that they believe that all of thefollowing is true.
A Credible Witness:
Is personally known (using the same definition of personal knowledge asabove) to the signer;
Personally knows that the signer is the same person named in the document;Reasonably believes that the circumstances of the document signer are such
that it would be very difficult or impossible for that person to obtain another formof identification;
Believes that the signer does not have in their possession another form ofI.D.;
Is not named in the document and does not have a financial interest in thedocument.
One Credible Witness - Known to signer AND Notary Public
One Credible Witness is necessary to come with the document signer to identifythe signer, if the Credible Witness is personaUy known to the Notary Public.The Notary Public makes the Credible Witness take an oath or affirmation, underpenalty of perjury, that each of the instances noted above exist. The notary thenrecords in his journal that the signer was identified by a Credible Witness,personally known to the Notary Public. The Credible Witness's name, address,and phone number should be recorded in the journal under "additionalinformation."
!swear or affirm that:I can 10 signer
Notarv Public
Document SignerDoesn't Know Notary
Has Friend who knows Notary FriendI know Document Signer and
I know Notary
Two Credible Witnesses( Not known to notary public BUT possessing I.D. with P.IP-S).
The law states in order to identify a document signer that does not posses anytype of acceptable identification. Two Credible Witnesses must come with thedocument signer, to identify the signer, if the Credible Witnesses are notpersonally known to the Notary Public. The Credible Witnesses mustpossess 1.0. cards with P.I.P.S. that are valid or issued within the last 5years. In this case the Notary Public must administer an oath or affirmation tothe Credible Witnesses,. The Credible Identifying Witness must swear or affirmthat the singer has the identity claimed.
The Notary then records in his journal that the signer was identified by 2 CredibleWitnesses and records the names, type of documents, serial numbers, and datesof expiration or issue of the LD. cards. The Credible Witness' names, addressand phone numbers, should be recorded in the journal under "additionalinformation. JJ
We swear or affirm that:We can 10signer10signer can't get proper 10Wp-'rp-nnt n;:unp-rt in thi~
~.'''0J...-!
Notary Public Document SignerDoesn't know a Notary
Has no friends thatknow a Notary
Has 2 Friends withproper 10 (containing PIPS)
Two FriendsEach personally knows Signer
Neither personally knows NotaryBoth have proper 10with P.I.P.S
Sample Oath And Affirmation Wording
JuratOath:
uDoyou solemnly swear that the statements you are making in thisdocument are the truth, the whole truth, and nothing but the truth, sohelp you God?"
Affirmation:"Do you affirm, on your honor, that the statements you are making inthis document are the truth, the whole truth, and nothing but thetruth?"
Credible Identifying WitnessesOath:
HDo you, (name of credible identifying witness) swear that youpersonally know (name of document signer), that (he/she) is theperson named in this document, that it is your reasonable belief thatit would be difficult or impossible for (him/her) to obtain an I.D. cardfor purposes of identification, that (he/she) does not possess anacceptable form of kientiiicstion, and that you are not financiallyinvolved or named in this document, so help you God?"
Affirmation:UDoyou, (name of credible identifying witness) affirm on your honor,that you personally know (name of document signer)~ that (he/she) isthe person named in this document, tnet it is your reasonable belielfthat it would be difficult or impossible for (him/her) to obtain an I.D.,card for purposes of identification, that (he/she) does not possess anacceptable form of identification, and that you are not financiallyinvolved or named in this document?"
Subscribing WitnessOath:
UDoyou solemnly swear that you saw (name of document signer)sign this document freely or heard (name of document signer)acknowledge that he signed the document freely~and that he askedyou to sign your name to the document as a subscribing witness, sohelp you God?"
Affirmation:HDo you solemnly affirm on your honor, that you saw (name ofdocument signer) sign this document freely or heard (name ofdocument signer) acknowledge that he signed the document freely,and that he asked you to sign your name to the document as asubscribing witness?"
SUBCRIBING WITNESS NOT TO BE USED WITH DOCUMENTS INVOLVING REALPROPERTY
State of ------------------ }SS.
1:·:
County of _
On before me, the undersigned, a notary public for the state, personally(date)
appeared U personally known to me or U proved to me(subscribing witness's name)
(on the oath of ----~---:"C:"""":"---------::----____:::__---" who is personally known to me) to be the person[credible witness's name]
whose name is subscribed to the within instrument, as a witness thereto, who, being by me duly sworn,
deposed and said that he/she was present and saw/heard acknowledged
(name[s] of principal[s])
the same person(s) described in and whose narnetsjts/are subscribed to the within and annexed
instrument in his/her/their authorized capadty(ies) as (a) party (les) thereto, execute the same, and that
said affiant subscribed his/her name to the within instrument as a witness at the request of
(name[s] of prtnclpafj sj).
WITNESS my hand and offiCial seal.
Notary Signature Stamp clear impression of notary seal above.
"~"""~~.-,""';;~="",,.,.~"''''-« ItWhile law does not require the following information, completing relevant portions may minimize the potential ofthis document being fraudulently attached to another document subsequent to signing.
