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The purpose of this section is to describe the Proof of Execution by Subscribing Witness Certificate.

Upon completion of this section, you will be able to describe:

(1)   What is a subscribing witness
(2)   When you can use a subscribing witness
(3)   Felony Acts
(4)   Subscribing witness proof of execution requirements
(5)   Personal appearance

THE FOLLOWING INFORMATION IS IMPORTANT FOR YOU TO UNDERSTAND:

1.  There is no requirement that the principal request the subscribing witness to have the document notarized.
      However, the principal must request that the subscribing witness sign the document as a witness.  (Code of
     Civil Procedure 1935 and Civil Code 1195).  The subscribing witness would not need to swear that the
      notarization was required.

2.  With the above in mind, Notary Brenda Wesley from Sacramento California, in the example on page 96, must
     have personal knowledge of the subscribing witness.  However, it is not relevant that the subscribing witness
     knows Notary Brenda.  Notary Brenda must either know the subscribing witness or must use a credible
     witness she knows to establish the identity of the subscribing witness.  We will refer back to this important
      information as we explore the examples below.

Definition of a Subscribing Witness

Subscribing Witness:  A subscribing witness is one who, in the presence of the signer (principal), sees a 
writing executed or hears the signer acknowledge signing it, and at the request of the principal thereupon signs
his name as a witness.  (Code of Civil Procedure 1935)

When You Can Use a Subscribing Witness

If a person, called the principal, has signed a document, but cannot personally appear before the notary public, another individual can appear on the principal’s behalf to prove the execution by the principal.  That person is called a subscribing witness.  –Secretary of State notary public workbook page 12. 
 (KS67-CCCP1935 & GC27287)

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