Credible Witnesses are used when a signer does not have proper identification for a notarization. They act as a human ID and are required to swear to the identity of the signer. Most notary reference manuals state that the credible witness must 'personally know' the signer.
The definition of 'personally known' is; familiarity with an individual resulting from interactions with that individual over a period of time sufficient to eliminate every reasonable doubt that the individual has the identity claimed.
This must be a person who has known the signer for a significant amount of time and not just met them when they moved into the house next door a month ago. They are required to know the signer well enough to be able to stand up in court and swear to the identity of the person.
The credible witness often is a family member as they definitely can attest to the signers identity and often are readily available. But if the family member is a party to the document or receives something of value as a result of the document being signed, then they cannot be a credible witness.
It's important to know what our state regulations say about utilizing a credible witness in place of an actual physical ID. Here is a listing of all 50-staes - valid as of this writing - but always double check your state regulations before proceeding.
*States shown in green require or recommend the use of a Credible Witness Affidavit.
Alabama
N/A
Alaska
1-Credible witness.
Oath must be administered. Only reference is
for RON transactions.
Arizona
1-Credible witness. Oath must be administered. Journal entry
required. CW Affidavit recommended
Arkansas
2-Credible Witnesses. Oath must be administered. Journal entry
required.
1-Credible witness who knows the signer and the notary -or- 2- Credible witnesses who only know the signer. Cannot be a party to the document. Oath must be administered. Journal entry
required.
Colorado
1-Credible witness. CW Affidavit must be completed, and oath administered. CW Affidavit must be retained by the Notary.
Journal entry required.
Connecticut
1-Credible Witness personally known to the Notary and signer.
Oath must be administered, journal entry required
Delaware
1-Credible Witness personally known to the Notary and signer -
or- 2 Credible witnesses. Oath must be administered. Journal entry required.
District of Columbia
1-Credible witness. Oath must be administered. Journal entry required
1-Credible witness who knows the signer and the notary -or- 2- Credible witnesses who only know the signer. Cannot be a party to the document. Required to complete a CW Affidavit. Journal entry required.
Georgia
2-Credible witness required. CW Affidavit must be executed.
Record in Journal.
Hawaii
1-Credible witness. Oath must be administered. Journal entry
required.
Idaho
1-Credible witness. Oath must be administered. (IC 51-107[2[)
Illinois
1-Credible witness known by the Notary and the signer. CW
Affidavit recommended.
Indiana
1-Credible witness. Oath must be administered. Journal entry
required for RON
Iowa
1-Credible witness. Oath must be administered, journal entry required
Kansas
1-Credible witness. Oath must be administered. Journal entry
required
Kentucky
1-Credible witness. Oath must be administered. Journal entry
required.
Louisiana
N/A
Maine
1-Credible witness and recommended to also be known to the
Notary. CW Affidavit must be completed, and oath administered.
Maryland
1-Credible witness. Oath must be administered and CW
Affidavit completed. Journal entry required.
Massachusetts
1-Credible witness known to the notary. Oath must be
administered. Journal entry required. (GL 222, Sec. 1)
Michigan
1-Credible witness known by the Notary. Oath must be
administered, and CW affidavit completed. Journal entry required.
Minnesota
1-Credible witness. Oath must be administered. Journal entry required for RON.
Mississippi
N/A
Missouri
1-Credible witness known both to the Notary and the signer or 2- Credible witnesses. Oath must be administered. Journal entry
required (RSMO 442.200)
Montana
1-Credible witness. Unbiased third party. Oath must be administered. CW Affidavit optional. Journal entry required.
Nebraska
1-Credible witness known both to the Notary and the signer or 2-
Credible witnesses. Unaffected by the transaction. Oath must be administered. Journal entry required.
Nevada
1-Credible witness – personally known to the Notary. Oath must
be administered. Journal entry required.
New Hampshire
1-Credible witness. Oath must be administered. (RSA 456-B:2-
b.ll). Journal entry required
New Jersey
1-Credible witness known to the Notary and the signer. Oath must be administered. Journal entry required. CW Affidavit –
optional.
New Mexico
1-Credible witness. Unaffected by the document. Oath must be
administered. Journal entry required
New York
1-Credible witness. Oath must be administered (137-c.3)
North Carolina
1-Credible witness known to both the Notary and the signer. Oath
must be administered (GS 10B-3[22])
North Dakota
1-Credible witness. Unaffected by the document. Oath must be administered. Journal entry required.
Ohio
1-Credible witness. Unaffected by the document. Oath must be
administered. Journal entry required.
Oklahoma
1-Credible witness. Oath must be administered. Journal entry
required for RON.
Oregon
1-Credible witness. Oath must be administered and CW
Affidavit completed. Journal entry required.
1-Credible witness who knows the signer and the notary. Oath
must be administered. Journal entry required.
Rhode Island
1-Credible witness. Oath must be administered. (RIGL 42-30.1-6[b])
South Carolina
1-Credible witness if known to the Notary or 2-Credible witnesses. Oath must be administered. CW Affidavit optional.
Journal entry required. (SCC 26-1-5[17])
South Dakota
1-Credible witness who knows the signer and the notary. Oath
must be administered.
Tennessee
1-Credible witness who knows the signer and the notary. Oath
must be administered. Journal entry required if charging a fee.
1-Credible witness. Oath must be administered, journal entry required. (CPRC 121.009[c])
Utah
1-Credible witness known to the Notary and the signer. Oath must be administered. Journal entry required. (UCA 46-1-2[19][a][i][C])
Vermont
1-Credible witness. Oath must be administered.
Virginia
1-Credible witness if also known by the Notary – or 2-Credible witnesses. Oath must be administered. Journal entry required .
Washington
1-Credible witness who knows the signer and the notary. (RON requirements may differ) Oath must be administered. Journal
entry required.
West Virginia
1-Credible witness. Oath must be administered. Journal entry
required. (WVC 39-4-7[b])
Wisconsin
1-Credible witness. Oath must be administered.
Wyoming
1-Credible witness. Oath must be administered. Journal entry required
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