Question 8
Domain 2: Identifying SignersA California notary is asked to notarize a document for a signer who has no identification documents. One person accompanies the signer and offers to act as a single credible witness. Under California law, which additional condition must be met for the notary to rely on that single credible witness to establish the signer’s identity?
Explanation
A single credible witness may be used only if the notary public personally knows that witness. The witness must also be identified by paper identification documents and, under oath, swear or affirm that the signer is the person named in the document, personally knows the signer, believes it would be very difficult or impossible for the signer to obtain another form of ID, that the signer does not possess authorized ID documents, and that the witness is not named in and has no financial interest in the document. This rule is stated in Civil Code section 1185(b)(1). — Civil Code section 1185(a), 1185(b)(1); Government Code section 8206(a)(2)(D)
Single = Personally Known. If there is only one credible witness, the notary must personally know that witness.