A credible witness plays a vital role in notarizations, particularly when the signer lacks proper identification. In Tennessee, like in many other states, credible witnesses are a legally acceptable method to verify a signer’s identity. This blog post will explore the rules and regulations around using a credible witness in Tennessee, referencing Tennessee Code Annotated § 66-22-107, which governs notarization practices.
What is a Credible Witness?
A credible witness is a third party who personally knows both the signer of the document and the notary public. This individual essentially vouches for the signer’s identity when the signer cannot present proper identification, such as a driver's license or passport. By using a credible witness, the notary public can proceed with the notarization, relying on the personal knowledge of the witness to verify the signer’s identity.
Tennessee Law Governing Credible Witnesses
Under Tennessee Code Annotated § 66-22-107, the rules for using a credible witness in notarizations are clearly defined. According to the statute, a credible witness can only be used when the following conditions are met:
The signer does not possess any of the usual forms of identification required for notarization, such as a government-issued ID.
The credible witness personally knows both the notary public and the signer.
The notary public must be able to rely on the credible witness’s affirmation of the signer’s identity under penalty of perjury.
In other words, the credible witness serves as a substitute for official identification, but only under specific circumstances that meet these legal requirements.
When Can a Credible Witness Be Used?
A credible witness can be used in Tennessee when:
The signer lacks proper identification, such as a driver’s license, passport, or state ID card.
The signer is unable to obtain identification due to various reasons, including age, disability, or financial hardship.
The notary public knows the credible witness personally and can trust their affirmation of the signer’s identity.
It’s important to note that this process cannot be used if the notary does not personally know the credible witness. In such cases, another form of identification or a different credible witness would be necessary.
The Requirements for a Credible Witness
Tennessee law outlines the specific criteria for who can serve as a credible witness in a notarization. Here are the key requirements:
Personal Knowledge: The witness must personally know both the notary public and the signer. Personal knowledge typically means that the witness has known the individual for an extended period and can confidently confirm their identity.
Neutrality: The credible witness should not be a party to the transaction or have any interest in the document being notarized. This ensures that the witness’s affirmation is unbiased and reliable.
Affirmation of Identity: The credible witness must take an oath or affirmation, under penalty of perjury, attesting to the signer’s identity. This legally binds the witness to the truthfulness of their statement.
This last requirement is particularly important because it adds a level of accountability. If the credible witness were to falsely vouch for the signer, they could face legal consequences under Tennessee law.
Process of Using a Credible Witness in Tennessee
If a signer requires the use of a credible witness, the process should follow specific steps to ensure compliance with Tennessee state law:
Determine the Need: The notary public should first verify that the signer does not have acceptable identification.
Choose a Credible Witness: The credible witness must be selected based on personal knowledge of both the notary and the signer. The notary should ensure that the witness meets all legal requirements.
Oath or Affirmation: The notary must administer an oath or affirmation to the credible witness, asking them to swear or affirm, under penalty of perjury, that they personally know the signer and can vouch for their identity.
Complete the Notarization: Once the credible witness has been sworn in, the notary can proceed with notarizing the document. The credible witness's name and information should be recorded in the notary journal as part of the official record.
Legal Consequences for Misuse
In Tennessee, if a credible witness falsely affirms the identity of a signer, they can be held legally accountable for perjury. Perjury is a serious offense that could result in criminal penalties, including fines and imprisonment. Therefore, it is critical for both the credible witness and the notary public to take this process seriously and ensure that all requirements are met.
Credible Witness vs. Other Forms of Identification
While using a credible witness can be helpful in certain situations, it’s important to understand how this method compares to other forms of identification. Here’s a quick breakdown of the differences:
Government-issued ID: This is the standard and most reliable method for verifying a signer’s identity. It includes a driver’s license, passport, or state-issued ID card.
Credible Witness: This is an alternative method used when a signer lacks proper ID, but it requires that both the notary public and the credible witness know the signer personally.
Two Credible Witnesses (if needed): In some situations, when neither the signer nor the notary knows a single credible witness, Tennessee law permits the use of two credible witnesses who each know the signer but not the notary.
Best Practices for Tennessee Notaries
For notaries in Tennessee, the use of credible witnesses should be carefully considered and approached with caution. Here are some best practices to follow:
Verify the Credible Witness: Always ensure that the credible witness knows both the signer and the notary. If there is any doubt, it’s better to refuse the notarization or suggest another form of identification.
Record Details in the Notary Journal: Document the credible witness’s name, contact information, and relationship to the signer in your notary journal. This provides a legal record in case the notarization is ever called into question.
Administer the Oath or Affirmation Properly: Be sure to administer the oath or affirmation correctly, reminding the credible witness that they are under penalty of perjury. This step emphasizes the seriousness of their role in the process.
Stay Updated on Tennessee Law: Laws governing notarizations, including the use of credible witnesses, can change over time. Always stay informed about any updates to Tennessee’s notary laws to ensure that your practices remain compliant.
Conclusion
The use of a credible witness in Tennessee notarizations offers a solution for signers who cannot present proper identification. However, it comes with strict requirements and legal responsibilities for both the notary public and the credible witness. By adhering to Tennessee Code Annotated § 66-22-107 and following the best practices outlined in this post, notaries can ensure that they are conducting credible witness notarizations in a compliant and professional manner.
In summary, credible witnesses provide a practical, yet legally accountable, alternative to traditional identification methods in Tennessee. When executed correctly, this process can maintain the integrity of the notarization process while helping individuals who lack the means to present standard identification.
If you have any questions, please do not hesitate to contact me:
Shannon “Ivy” Colón, Florida Notary Public
Certified Remote Online Notary
NNA Certified Notary Signing Agent (background screened)
(561) 325- 8579
Please note that the above was provided for informational purposes only and should be construed as legal advice. I am not a license attorney and cannot give legal advice. If you have legal questions, please contact a Florida licensed attorney. I can provide you with a referral if you need one.
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