When the signer of the document does not have valid photo identification, the identity of the signer can be established by the oaths of two credible witnesses. (Civil Code section 1185(b)(2). As the notary, I must first establish the identity of the 2 credible witnesses with a valid photo id. Under oath, the 2 credible witnesses must swear or affirm under penalty of perjury:
1. the individual appearing before me (the notary) as the signer of the document(s) is the person named in the document.
2. The credible witnesses must personally appear before me (the notary). The credible witnesses must sign and thumbprint the notary public’s journal.
3. The credible witnesses reasonable believe tht 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 possess any of the identification documents authorized by law to establish the signer’s identity.
5. The credible witnesses do not have a financial interest and are not named in the document signed.