Signature by Mark

When a person cannot write their name, California law permits them to execute a document by making a mark — typically an "X" — in place of a written signature (Civil Code §14). Three requirements govern the process:

First, two witnesses must be present and must sign their own names on the document. One of the two witnesses must also write the signer's printed name next to the mark on the document itself.

Second, the signer must place their mark in the notary's sequential journal, and a witness must write the signer's name next to that mark in the journal, then sign their own name as witness.

Third, the notary identifies the signer by satisfactory evidence — the two witnesses are only verifying the act of making the mark, not the signer's identity. The witnesses are NOT required to sign the notary's journal unless they happen to also be acting as credible witnesses to establish the signer's identity.

Exam Tip: This is where most people lose points. Witnesses sign the journal only if they are serving dual duty as credible witnesses. If the notary identified the signer by ID and the witnesses are there solely to observe the mark, they sign the document — not the journal.