Affidavit of Identity by Credible Witness

Affidavit of Identity by Credible WitnessAffidavit of Identity by Credible Witness

An affidavit of identity or credible witness affidavit allows a credible witness to make a sworn statement that identifies a person who does not have another satisfactory form of identification when appearing before a notary.

Colorado RULONA notary law CRS 24-21-507(2)(b) allows a credible witness to make a verification on oath or affirmation to identify a person they know, such as a family member, minor child, friend, neighbor, co-worker, group member or associate.

Verification on Oath or Affirmation

The definition of verification on oath or affirmation is found in CRS 24-21-202(16). It means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true. The person being identified must be personally known to the credible witness, well enough to make a positive identification.

Sample Affidavit of Identity Form

An affidavit of identity includes a few typical statements. Notary laws and credible witness requirements vary by state.

1. The person appearing before the notary public is personally known to the credible witness as [name of person].
2. The person appearing is the same person named in the attached document requiring notarization.
3. The credible witness will not receive any financial benefit from the attached document.
4. To the knowledge of the credible witness, the person does not possess another acceptable form of identification.
5. To the knowledge of the credible witness, it would be difficult, impractical or impossible for the person to obtain an acceptable form of identification in a timely manner.
6. The credible witness describes the form of identification he/she presented to the notary public, which can include a driver’s license, passport or government-issued non-driver identification card.

The affidavit is sworn to or affirmed and signed by the credible witness before a notary.  Colorado law does not authorize a notary to keep the original or a copy of a notarized document or identification.

Keeping or copying someone’s document may be an invasion of privacy and may create a security risk if storing non-public information. The notary should make an entry for the affidavit in the notary journal, have the witness sign the notary journal, and return the affidavit to the signer.

The journal entry for the document signer who does not a have other acceptable ID should indicate that a credible witness was used as satisfactory evidence.

Sample affidavit of identity forms may be found in an online search.

Sample form 1 Affidavit of Identity by Credible Witness  Does not include a statement that the witness is not named in the attached notarized document. Useful when a family member is serving as a credible witness and also named as the agent under a power of attorney for a senior citizen who does not have acceptable ID and is not mobile enough to go to the DMV for a renewal. May also be useful when a parent or other adult is identifying a minor child who does not have acceptable ID.

Sample form 2 Credible Witness Affidavit Georgia Use one or two credible witnesses. Source: Georgia Superior Court Clerks’ Cooperative Authority (GSCCCA), notary regulator. Georgia form indicates it should be attached to the notarized document. This alerts the document recipient of the method of identification used by the signer.

Sample form 3 Credible Witness Affidavit Florida Use one or two credible witnesses. Source: Florida statute F.S. 117.05(5)(b)1. Florida law prescribes the wording used in the affidavit.

Some states require one credible witness, if personally known by the notary, or two credible witnesses, if not personally known by the notary.

Colorado law CRS 24-21-507(3) allows the notary to require additional information or identification credentials necessary to assure the notary of the identity of the individual.

Use Identification by Credible Witness Sparingly

Identification by a credible witness should only be used when the person needing notarization cannot provide a physical form of identification such as a driver’s license, ID card, military ID or passport and is not personally known by the notary.

If the person’s ID card has been lost, stolen or destroyed, the person should seek to obtain a replacement ID card. If there is an emergency, urgent need or deadline to notarize a document before a replacement ID card can be obtained, a credible witness may be used, or the person should go to a notary who knows them personally.

In Colorado, a credible witness must be personally known to the notary or must show a satisfactory form of physical ID. A credible witness cannot be identified by another credible witness.

Disclaimer: I am not an attorney and this information is not legal advice. Notary laws vary by state.

Visit our website for Colorado Springs Mobile Notary services or Colorado Notary Training classes.

Affidavit of Identity by Credible Witness
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