When using a single credible witness personally known to the notary to identify a signer, which of the following must the credible witness swear or affirm to under oath?

When identification documents are unavailable, California allows a credible witness to supply identity instead — but because sworn testimony is replacing documentary proof, the oath is unusually detailed. The witness must swear to five things: that the individual appearing is the person named in the document; that the witness personally knows that individual; that the signer does not possess and cannot reasonably obtain acceptable identification documents; that the witness does not have a financial interest in the document; and that the witness is not named in the document. Each element closes a specific gap. Personal knowledge is what makes the testimony worth anything. The unavailability elements prevent the route being used as a convenience by signers who simply left their wallet at home. And the two disinterest elements protect against a witness with a stake in the transaction proceeding. Where the single credible witness route is used, that witness must be personally known to the notary; the two-witness route allows witnesses identified by acceptable identification instead.

The credible witness must swear that the signer is the person named, that the witness personally knows the signer, that the signer cannot easily obtain other identification, that the signer possesses no acceptable identification documents, and that the witness has no financial interest in the document.

California's credible witness oath comprises five elements addressing identity, personal knowledge, unavailability of acceptable identification, and the witness's lack of financial interest in and absence from the document.

Who, Know, Cannot, Has Not, No Stake. Five elements — identity, knowledge, two on unavailability, and disinterest.

One credible witness must be personally known to the notary. Two credible witnesses may instead be identified by acceptable identification documents.

• •Omitting the unavailability elements
• •Omitting the financial interest element
• •Confusing the one-witness and two-witness identification requirements