Notary Public - Oath of a Single Credible Witness
703 South Azusa Avenue, Suite 6
Oath of a Single Credible Witness
The identity of the signer can be established by the oath of a single credible witness whom the notary public personally knows. (Civil Code section 1185(b)(1). The Notary Public must establish the identity of the credible witness by the presentation of paper identification documents as set forth on paper identification documents page. Under oath, the credible witness must swear or affirm that each of the following is true (Civil Code section 1185(b)(1)(A)(i)-(v)):
1. The individual appearing before the notary public as the signer of the document is the person named in the document;
2. The credible witness personally knows the signer;
3. The credit witness reasonably believes that the circumstances of the signer are such that it would be very difficult or impossible for the signer to obtain another form of identification;
4. The signer does not posses any of the identification documents authorized by law to establish the signer's identity; and
5. The credit witness does not have a financial interest and is not named in the document signed.
Side Note: The single credible witness must sign the notary public's journal or the notary public must indicate in his or her journal the type of identifying document, the identifying number of the document, and the date of issuance or expiration of the document presented by the witness to establish the identity of the witness. (Government Code section 8206(a)(2)(D).
Each notary public is required to have and to use a seal. The seal must be kept in a locked and secured area, under the direct and exclusive control of the notary public, and must not be surrendered to an employer upon termination of employment, whether or not the employer paid for the seal, or to any other person.
A NOTARY PUBLIC SHALL NOT USE THE OFFICIAL SEAL OR THE TITLE NOTARY PUBLIC FOR ANY PURPOSE OTHER THAN THE RENDERING OF NOTARIAL SERVICE. (Government Code section 8228.1)