Notary Public: Credible Witness

Podcast

Play an AI-generated podcast conversation about this lesson

Download our mobile app to listen on the go

Get App

Questions and Answers

What is the minimum requirement for a notary public to 'personally know' a credible witness in California?

Having known the credible witness for at least one year.
Having a familial relationship with the credible witness.
Having seen the credible witness's identification document.
Having an acquaintance with the person that establishes the person’s identity with at least reasonable certainty. (correct)

Which of the following scenarios would MOST likely establish 'personal knowledge' between two individuals, according to California law?

Having a brief conversation at a conference.
Being Facebook friends and occasionally liking each other's posts.
Meeting once at a large social gathering.
Working together in the same office, meeting frequently, and being identified by colleagues and customers. (correct)

A notary public 'personally knows' a credible witness. What additional step MUST the notary take to confirm the credible witness's identity?

Contact law enforcement to run a background check.
Examine an acceptable identification document. (correct)
Obtain fingerprints from the credible witness.
Administer an oath to the credible witness.

A credible witness is used to prove the identity of a principal signer. Besides personally knowing the credible witness, who else must the credible witness personally know?

The subscribing witness. (A) Signup and view all the answers

What is the MAIN purpose of requiring a notary public to 'personally know' a credible witness?

To establish a reasonable certainty of the individual's identity. (A) Signup and view all the answers

If a notary public does not personally know a credible witness, what is the implication for notarizing the document?

The document cannot be notarized using that credible witness. (B) Signup and view all the answers

Which of the following scenarios would MOST likely NOT meet the standard of 'personal knowledge' in California?

Interacting with someone almost daily for a year in an online gaming community where you've never met in person. (C) Signup and view all the answers

A notary public is asked to notarize a document where the signer's identity is being proven by a credible witness. The notary recognizes the credible witness as a regular customer at their family's business, whom they've served many times over the past year. However, they've never learned the customer's name or had a personal conversation. Can the notary proceed with the notarization based on 'personal knowledge'?

No, because 'personal knowledge' requires more than just familiarity; it requires an acquaintance that establishes identity with reasonable certainty. (A) Signup and view all the answers

A credible witness presents an acceptable form of identification to the notary public. However, the identification document has expired. Can the notary public rely on this expired identification document alone to confirm the identity of the credible witness?

No, the identification document must be current to be acceptable. (C) Signup and view all the answers

What is the purpose of identifying the credible witness with a form of ID, even if they are personally known?

To create an official record of their involvement in the notarization process. (B) Signup and view all the answers

Flashcards

Credible Witness Requirement

The notary must personally know the credible witness.

Personally Known (CA)

Having an acquaintance that establishes identity with reasonable certainty through recent, multiple meetings.

Verify Credible Witness ID

The notary must examine the credible witness's ID as per California Civil Code.

Study Notes

A notary public must know the credible witness personally to prove the identity of a subscribing witness.
The credible witness must personally know the subscribing witness, who is proving the identity of a principal signer.
In California, "personally known" means having an acquaintance that establishes a person’s identity with reasonable certainty.
Personal knowledge can be established through multiple recent meetings, during which the person is identified by others.
A chain of circumstances that would lead a reasonable person to believe an acquaintance is who they say they are, forms the basis for personal knowledge.
Example: Co-workers who frequently meet at their workplace, and are identified by colleagues/customers, have personal knowledge of each other.
A person whom one sees infrequently is not considered to be personally known.
A notary public must still confirm the identity of the credible witness by examining an accepted identification document.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.