NE Notary Identifying Document Signers 3 — Questions and Answers
Question 1: What does Nebraska law mean when it refers to identifying a signer through 'personal knowledge'?
- The notary personally knows the signer through prior acquaintance (Correct answer)
- The notary reviews the signer's personal documents
- The signer provides personal details like SSN
- The signer swears under oath to their own identity
Correct answer: The notary personally knows the signer through prior acquaintance
Personal knowledge means the notary has met and knows the signer from prior personal acquaintance, not just from reviewing documents.
Question 2: When using a credible witness to identify a signer in Nebraska, how many credible witnesses are typically required?
- One or two, depending on circumstances (Correct answer)
- Always exactly three
- None — witnesses cannot substitute for ID
- As many as the document requires
Correct answer: One or two, depending on circumstances
Nebraska generally allows one credible witness who personally knows the signer and is known to the notary, or two credible witnesses who know the signer.
Question 3: A credible witness used to identify a signer must NOT have what characteristic?
- A financial interest in the document being notarized (Correct answer)
- A government-issued photo ID
- Prior acquaintance with the notary
- Residence in the state of Nebraska
Correct answer: A financial interest in the document being notarized
A credible witness must be disinterested — they cannot have a financial or beneficial interest in the transaction being notarized.
Question 4: If a notary relies on personal knowledge to identify a signer, what should the notary record in the notary journal?
- That identification was made through personal knowledge (Correct answer)
- The signer's full Social Security number
- The signer's date of birth and address
- Nothing — personal knowledge requires no record
Correct answer: That identification was made through personal knowledge
The notary should record in the journal that the signer was identified through personal knowledge, maintaining a complete record of the notarial act.
Question 5: A signer claims to have no identification documents whatsoever. What is the best course of action for a Nebraska notary?
- Attempt to identify the signer through a credible witness or refuse if none is available (Correct answer)
- Proceed with notarization based on the signer's sworn statement alone
- Accept any document the signer can provide, even unofficial ones
- Call local law enforcement to verify the signer's identity
Correct answer: Attempt to identify the signer through a credible witness or refuse if none is available
Without satisfactory ID, the notary should explore the credible witness option or decline to notarize if identity cannot be established.
Question 6: Can a family member of the signer serve as a credible witness to establish identity in Nebraska?
- Generally no, because family members typically have an interest in the transaction (Correct answer)
- Yes, immediate family members are always preferred witnesses
- Yes, as long as they present their own valid ID
- Only if the family member is also a notary
Correct answer: Generally no, because family members typically have an interest in the transaction
Family members are generally disqualified as credible witnesses because they often have a personal or financial interest in the document being notarized.
Question 7: When a credible witness swears to the identity of a signer before a Nebraska notary, what notarial act does the notary typically perform for the witness?
- Administering an oath or affirmation to the witness (Correct answer)
- Notarizing the witness's own signature on the document
- Taking the witness's fingerprint as a record
- Verifying the witness's identity through a government database
Correct answer: Administering an oath or affirmation to the witness
The notary administers an oath or affirmation to the credible witness, who then swears or affirms to the identity of the signer.
What does Nebraska law mean when it refers to identifying a signer through 'personal knowledge'?