Notary Handbook - the Montana Secretary of State Website

Steps to a proper notarization using a credible witness:
1. Determine that the signer has a legitimate reason for not having any other means of ID.
2. Place the credible witness under oath: “Do you swear under penalty of perjury that this is
________________?”
3. The credible witness signs the journal.
4. The signer signs the document (if not already signed).
5. The signer signs the journal.
6. The notary completes the notarial block on the document.
When a credible witness is used for identification of a document signer:
• Personal knowledge is the only means of identification
that can be used: NO IDs ALLOWED!
• Three people are involved – the notary, the signer, and
the credible witness.
• All three people must be present when the notarization
takes place.
• Both the credible witness and the signer must sign the
notary’s journal.
DETERMINING INTENT AND COMPREHENSION
A notary’s duty is not limited to determining the identity of the signer, but also to determine that the signer
understands the purpose of the document being signed and intends to sign the document. The standard that a
notary is held to for these determinations is one of “reasonable care”. The notary is not expected to be particularly
knowledgeable about the ramifications or legal implications of a document; neither is the signer. As long as the
signer can communicate what the document is – a title, a power of attorney, a contract – with some measure of
understanding which the notary can confirm from a brief review of the document, the standard of reasonable care
has been met.
Generally speaking, intent can be inferred simply from the fact that the signer has requested that the notarization
be performed. There are, however, situations where additional care must be taken by the notary; for example,
when the signer appears to be under pressure or duress, or
possibly being medicated or under the influence of alcohol or other
substances.
Failure to conclusively
establish the identity,
comprehension, and intent of
the person requesting a
notarization to the degree of
reasonable care places the
notary at risk of being sued for
negligence or malfeasance in
office.
In situations where there is a question of pressure being put to
bear on the signer, the notary should ask any others in the room to
leave and then engage the signer in conversation about the
transaction. There is a difference between a person being
unwilling or pressured to sign a document and being unhappy
about the circumstances that have made it necessary for him or
her to sign that document. When in doubt, the notary can get an
opinion from an attorney or medical professional familiar with the
signer.
If there is a question about the signer’s ability to understand the
document because of age, mental disease or disability, medication,
or other factors, the notary may refuse to perform the notarization
or suggest that it should be done at a later time as circumstances
warrant.
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