A Notary Public is approached by a signer who does not possess any statutory identification. The signer brings a friend who personally knows the signer and has a current California Driver's License. The notary does NOT personally know the friend. How many credible identifying witnesses are required in this situation, and what must they do?
- AOne witness; the notary must personally know the witness.
- BOne witness; the notary must administer an oath to the witness, who attests to the signer's identity.
- CTwo witnesses; one must know the signer, and the other must know the notary.
- DTwo witnesses; both must personally know the signer and present statutory ID to the notary.
Show answer & explanationAnswer & explanation
Correct answer: D. Two witnesses; both must personally know the signer and present statutory ID to the notary.
When a signer lacks statutory identification and the notary does not personally know the credible witness(es), two credible identifying witnesses are required. Each witness must personally know the signer, present satisfactory evidence of their own identity (e.g., a current CA DL), and take an oath or affirmation from the notary attesting to the signer's identity.
Why the other options are wrong
- A. One witness is only sufficient if the notary personally knows that witness, which is not the case here.
- B. One witness is insufficient if the notary does not know that witness, and this option omits the need for the witness to present their own ID.
- C. This inaccurately describes the relationship; both witnesses must know the signer, and the notary doesn't need to know either witness if there are two.
Two Credible Witnesses (Notary Unknown)
If a signer lacks statutory ID and the notary does not personally know the credible witness, two credible identifying witnesses are required. Each witness must present statutory ID, personally know the signer, and take an oath/affirmation.
- Applies when notary does not know the witness(es).
- Requires two witnesses.
- Each witness must have statutory ID and personally know the signer.
- Witnesses take an oath/affirmation from the notary.
Memory trick: Witnesses' roles, know them well, for identity's story, they will tell.