California Credible Witness Rules: One vs. Two Witnesses Explained

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Key Takeaways

• When a signer has no acceptable ID, a California notary can identify them using credible witnesses (Civil Code § 1185)
• One credible witness is allowed only when the witness is personally known to the notary
• Two credible witnesses are required when neither witness is personally known to the notary
• Both the witness and the signer must sign the notary journal
• The witness cannot have a financial interest in the document and cannot be named in it

Sometimes a person shows up to get something notarized and they do not have any acceptable identification. Their driver’s license expired six years ago. They lost their passport. They never had a California ID to begin with. In California, that person can still be notarized if credible witnesses vouch for their identity.

The rules are specific. One witness or two, depending on the situation. The witness swears an oath. The journal gets particular entries. If you skip any step, the notarization is invalid and you are exposed to liability.

When to Use Credible Witnesses

Credible witnesses are a last resort for identity verification. You use them only when the signer does not have any of the acceptable ID documents listed in Civil Code § 1185(b)(3) and (b)(4).

Acceptable IDs include a current California driver’s license or ID card, a US passport, an inmate ID, a foreign passport, an out-of-state driver’s license, a military ID, a tribal ID, and a few others. The document must be current or issued within the past five years, contain a photograph and description of the person, be signed by the person, and bear a serial or identifying number.

If the signer has any of those, you do not need credible witnesses. Use the ID. Credible witnesses are for when none of those options exist.

One Credible Witness (Civil Code § 1185(b)(1))

You can use a single credible witness when that witness is personally known to you, the notary. “Personally known” means you know the witness well enough through your own experience to identify them without needing to see their ID.

The witness must present an acceptable ID document to prove their identity to you (from the list in § 1185(b)(3) or (b)(4)). Even though you know them personally, the statute requires them to present ID.

The one credible witness must swear or affirm under oath that all five of the following statements are true:

1. The person making the acknowledgment is the person named in the document.
2. The person making the acknowledgment is personally known to the witness.
3. It is the reasonable belief of the witness that the circumstances of the person are such that it would be very difficult or impossible for that person to obtain another form of identification.
4. The person making the acknowledgment does not possess any of the identification documents listed in the statute.
5. The witness does not have a financial interest in the document and is not named in the document.

That third point is critical. The witness has to believe the signer genuinely cannot get acceptable ID, not just that the signer forgot it at home. If the signer could reasonably go get their ID, credible witnesses should not be used.

Two Credible Witnesses (Civil Code § 1185(b)(2))

When the witness (or witnesses) are not personally known to the notary, you need two of them. Both must present acceptable ID. Both must swear or affirm under penalty of perjury that the same five statements are true.

The two-witness path is more common than the one-witness path. Most notaries do not personally know the friends, neighbors, or coworkers who accompany signers. Two strangers vouching for a third stranger is the standard scenario.

Both witnesses must be present at the same time. You cannot take one witness’s oath on Tuesday and the second on Thursday. The notarization happens in one session.

What to Record in Your Journal

Government Code § 8206(a)(2)(D) and (E) spell out the journal requirements. When you use credible witnesses, the journal entry must include:

• One credible witness: The signature of the credible witness in the journal, plus the type of identifying document the witness presented, the government agency that issued it, the serial or identifying number, and the date of issue or expiration.
• Two credible witnesses: The type of identifying documents each witness presented, the identifying numbers, and the dates of issuance or expiration. Both witnesses sign the journal.

You are also recording the signer’s signature in the journal (as required for every entry), the date, time, type of notarial act, and the fee charged.

Who Cannot Be a Credible Witness

• Anyone with a financial interest in the document. If the witness stands to gain or lose money depending on the outcome of the transaction, they cannot vouch for the signer.
• Anyone named in the document. If their name appears anywhere in the instrument, they are disqualified.
• The signer themselves. Obviously.
• A notary who is also acting as a witness. A notary cannot be both the notary and the credible witness for the same transaction.

Can a Family Member Be a Credible Witness?

California law does not explicitly prohibit family members from serving as credible witnesses. A spouse, sibling, or adult child can vouch for a signer as long as they meet all the requirements: they have acceptable ID, they are willing to swear the oath, they have no financial interest in the document, and they are not named in it.

In practice, using a family member as a credible witness is risky. It looks questionable if someone’s husband or wife is the only person who can confirm their identity. If the notarization is ever challenged, a family witness carries less weight than an unrelated one. It is legal, but many experienced notaries try to find an alternative.

Credible Witnesses for Deeds and Powers of Attorney

Documents affecting real property (deeds, quitclaim deeds, deeds of trust) and powers of attorney require a thumbprint in the journal under Government Code § 8206(a)(2)(G). The credible witness rules apply the same way for these documents. The only extra step is the thumbprint.

Some notaries are hesitant to use credible witnesses for real estate documents because the stakes are higher. That caution is reasonable. If you have any doubt about the signer’s identity, you can refuse the notarization. California notaries are not required to notarize every document presented to them.

The Penalty for Getting This Wrong

Civil Code § 1185(b)(1)(B) specifies a civil penalty of up to $10,000 for a notary who fails to obtain satisfactory evidence when using the one-witness method. That is not a typo. The state takes credible witness compliance seriously because identity fraud through notarizations causes real harm.

The two-witness path carries the same perjury risk for the witnesses. Anyone convicted of perjury under this section forfeits any financial interest in the document (Civil Code § 1185(e)).

Step-by-Step: Using Two Credible Witnesses

1. Confirm the signer has no acceptable ID from the lists in § 1185(b)(3) or (b)(4).
2. Confirm you have two people willing to serve as credible witnesses.
3. Check each witness’s ID. Record the type, issuing agency, serial number, and issue/expiration date.
4. Administer the oath or affirmation to both witnesses. They swear under penalty of perjury that all five statements are true.
5. Have the signer sign the journal.
6. Have both witnesses sign the journal.
7. Record the type of notarial act, date, time, and fee.
8. If the document is a deed, deed of trust, or power of attorney, obtain the signer’s thumbprint.
9. Complete the notarization.

Frequently Asked Questions

Can I use credible witnesses if the signer forgot their ID at home?

No. The witness must swear that it would be “very difficult or impossible” for the signer to obtain acceptable identification. Forgetting your ID is not the same as not having one. Ask the signer to come back with their ID.

Do credible witnesses need to be California residents?

The statute does not require witnesses to be California residents. They must present acceptable ID, which can include out-of-state driver’s licenses or foreign passports. Their residency does not matter as long as their ID is valid and they are willing to swear the oath.

Can one of the two witnesses be personally known to me?

Yes. The two-witness rule applies when the witnesses are not personally known to the notary. If you happen to know one of the two witnesses, that does not disqualify the process. You still need two witnesses because the signer’s identity is not being established through your personal knowledge of one witness alone.

What if I only have one witness and I do not know them personally?

You cannot proceed. One witness works only when you personally know that witness. If you do not know the witness and only one is available, the notarization cannot happen with credible witnesses.

Do I need to record the witnesses’ names in the notarial certificate?

No. The notarial certificate (acknowledgment or jurat) does not include witness information. The witnesses are recorded in the journal only. The certificate itself reflects the signer’s name and the notary’s information.

Can a credible witness also be the translator for a non-English-speaking signer?

Yes, as long as the witness meets all the credible witness requirements (acceptable ID, no financial interest, not named in the document, willing to swear the oath) and is also able to translate for the signer. These are separate roles, but one person can fill both if qualified.

Can I refuse to use credible witnesses and just tell the signer to come back with ID?

Yes. You are never required to use credible witnesses. If you are uncomfortable with the situation or skeptical about the signer’s identity, you can decline the notarization. Credible witnesses are an option, not a mandate.

What if the credible witness only has an expired ID?

The witness’s ID must be current or issued within the past five years, per Civil Code § 1185(b)(3) and (b)(4). If the witness’s only ID expired more than five years ago, they cannot serve as a credible witness. Find a different witness.