Satisfactory Evidence of Identity

Before performing any notarial act, a notary must establish the signer's identity through satisfactory evidence (Civil Code §1185). Acceptable methods are:

Method 1 — Identification Documents (two tiers):

Tier One (§1185(b)(3)): California DMV driver's license or ID card; U.S. passport (book or card); CDCR inmate ID (if inmate is in state custody); local detention facility inmate ID. These must be current or issued within 5 years.

Tier Two (§1185(b)(4)): Foreign passport; out-of-state driver's license; Canadian or Mexican driver's license; another state's ID card; U.S. military ID; California government agency employee ID; federally recognized tribal ID. These must also be current or issued within 5 years, and must additionally contain all four of the following: a photograph, a physical description, the person's signature, and a serial or identifying number.

Method 2 — Credible Witness(es): One credible witness personally known to the notary, or two credible witnesses (each with acceptable ID) if the notary does not personally know them.

Personal knowledge of the signer was eliminated as an acceptable basis for identification effective January 1, 2008.

Exam Tip: The key difference between tiers is not the validity period (both use the same standard) but rather the four additional elements required for Tier Two documents: photo, physical description, signature, and serial number. The handbook specifically warns that current U.S. military IDs may not contain all required information — always inspect Tier Two documents for all four elements.