Credible Witnesses (2) Affidavit

Is there such a form for the credible witnesses to sign when under oath? Is this required in CA? I don’t see anything about the affidavit in my 2024 California Notary Handbook and I don’t remember seeing anything of this nature in my notary class. Who makes these forms if they do exist? Where do I obtain such an affidavit if it’s required? Any CA notaries please shine some light :bulb: in my dead and exhausted brain cells. Thank you so much

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I taught this in notary class. Credible witnesses must be sworn in and sign your journal. Why? Because if someone contests the notarization (and the signer not having a valid ID can raise a few red flags), due process had been followed. Just think of it as your insurance policy. If you had me as your notary class teacher you would know that.

You do not create any documents; that is practicing law. They client provides all of the docs you will need to notarize.

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I totally understand the part where CWs need to be sworn in under oath & singed in a journal. For some reason when I look up notarizing with CWs online, it states they also need to sign an ‘affidavit of identity’ or another name was ‘credible witness affidavit’ which made me so confused because that was not spoken about in my notary class nor is it in our handbook. It threw me in a loophole of confusion and hours of trying to find out more about this affidavit.

Completely understandable about not creating the affidavit or any other documents. I wasn’t even going to go that route of disaster for myself. It just confused me as to why it was part of the steps of notarizing signatures with credible witnesses - but that was only in my online Google search, not in our handbook or in any of my class videos.

I’m answering as a California commissioned notary. There could be different requirements where you live.

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I’m also in California. Maybe when I google the steps it gives answers from diff states & that’s why the affidavit step popped up. Because I don’t see the affidavit being required in our handbook. That’s all I was asking though. I know the steps to credible witnesses with an oath and journal signing.

I’m in Vermont, which has passed the Revised Uniform Law on Notarial Acts (RULONA). That, combined with approved continuing education from the Vermont Bar Association, makes me believe that if I use a credible witness, I’m supposed to provide a written affidavit which the witness signs and swears to, and which I keep. But the procedure in other states would be different.

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I’m thinking that’s what happened as, for example, we here in Florida have a specific Affidavit that must be signed by CWs. I, too, reviewed your handbook and saw no reference to any signed Affidavit. You may want to also check the newsletters your SOS puts out - there is valuable information contained in those and you may find something there.

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