Credible Witness Affidavit Form California: Fill & Download for Free

Getting documents notarized is a relatively easy task, anywhere in the United States.Look in your local directory online or in print, the category of notary public. Identify a notary public nearby and visit that office or location. There are also mobile notaries public that will travel to your location for a small fee.Obtain, find or prepare your government issued photo ID. It must be issued by a government authority. It must contain a physical description/and/or photo. It must be current/unexpired.if you don’t have an acceptable ID, you must obtain one.if you can’t obtain one, you must procure two credible witnesses that have known you for more than two years, who must ALSO produce their own acceptable government issued photo ID. These witnesses must appear together, with you, and be willing to swear to your identity. Both witnesses may not have any involvement, or anything to gain from signing the document(s.) They cannot be an heir, inherit anything, be offspring, be named within the documents, etc.if you produce the ID or witnesses, and any present a foreign passport, it must have a current visa stamp.Organize your documents for signing. Do not sign until you are in the presence of the notary public. Some documents may require an oath or affidavit to be taken.You will have your fingerprint taken by the notary public in their notary journal, along with a record of the signing, with details about each document.You will pay a fee for each notarized signature, to the notary public at the time of the notarization. In California, the fee is currently $15. per signature (raised in 2017 for the first time in 20 years.)The notary will stamp your documents or attach a notary certificate appropriate for the document. The laws governing the notarization pertain to WHERE the signing takes place, not where the documents originated or will be sent. Follow the advice of the notary public for pertinent laws governing the notarization for that venue where you sign the documents.

It's actually allowed in certain states and under certain circumstances. It is called a proof of execution by subscribing witness. This is explained in detail below:There are times when a signer urgently needs a document notarized, but cannot appear in person before the Notary due to unusual circumstances such as a medical or family emergency. If this happens, some states permit the signer to sign the document in front of or acknowledge signing it to a witness. The witness — not the signer — then appears before the Notary.The Notary identifies and administers an oath to the witness. Then, the witness signs the document. Based upon the witness’s oath, the Notary performs the notarization. This is called a proof of execution by subscribing witness.But there are restrictions and specific requirements for this act. Here’s what you need to know.Restrictions On ProofsThe most important thing to remember is that proofs of execution are one of the only times a document signer does not appear before a Notary to have their signature notarized. While you must be careful when performing any notarization, this is even more important when you perform a proof.Not all states allow Notaries to perform proofs; sometimes Notaries aren't even aware that they are permitted to do so. This is often because the rules for proofs of execution are sometimes included in real estate statutes or some other obscure part of state laws rather than in state Notary statutes.Because the signer is not present, states often have strict criteria for using proofs of execution by subscribing witnesses. Here are some examples:California requires a subscribing witness to be identified by another credible identifying witness who is personally known to the Notary. The credible witness must present an ID card allowed by law to the Notary.In Texas, the subscribing witness must either be personally known by the Notary or be identified by another individual the Notary knows personally.In North Carolina, a subscribing witness cannot be a grantee or beneficiary of the document.In Pennsylvania, the subscribing witness must be an attorney licensed in Pennsylvania.In Tennessee and Virginia, two subscribing witnesses are required.Florida does not permit Notaries to perform proofs of execution. However, a procedure is prescribed by FS 695.03(1) whereby a signed real estate document lacking notarization whose signer cannot be located or is deceased may be prepared for recordation by the “proof” of one of the subscribing witnesses. In such a rare instance, the Notary would notarize a “certificate of proof” or an affidavit of proof signed by the witness using a standard jurat.Always check your own state’s rules first before accepting a request to perform a proof of execution.Real Estate Documents And ProofsDue to risk of fraud, California prohibits its Notaries from performing a proof of execution on powers of attorney, on documents requiring a thumbprint in the Notary’s journal or on any instrument affecting real property. Certain real property documents — decrees of foreclosure, non-judicial foreclosures under California Civil Code 2924 or deeds of reconveyance — are exempt.Conversely, Oregon law permits proofs of execution to be used only for real estate transactions, but state officials recommend that Oregon Notaries consult with the Real Estate Division if it comes up.But if it does not meet the criterion spelled above then it would be a felony punishable by fines and imprisonment.

It happens all the time that a witness in court testimony contradicts a prior statement either given under oath or not, and it happens for lots of different reasons other than being untruthful. Generally the witness will be cross-examined and asked to explain the change in testimony. If it's a jury trial and the difference in testimony is on a critical point, the judge in California may give a jury instruction informing the jury that based on all the evidence they could find that the discrepancy goes to the overall credibility of the witness. If I know that my witness is going to testify differently at trial than in a prior statement I may bring that up and explain it in my opening statement and definitely when I am examining the witness. I'd prefer that jury first hear about the discrepancy under friendly rather than hostile questioning. Discrepancy in testimony can but rarely results in a charge of perjury.Not offered or intended as legal advice.