1.    A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.

Terms Used In North Dakota Code 44-06.1-06

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Individual: means a human being. See North Dakota Code 1-01-49

2.    A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:

a.    By means of:

(1) A passport, driver’s license, or government-issued nondriver identification card that is currently valid or expired not more than three years before performance of the notarial act; or

(2) Another form of government identification issued to an individual that is currently valid or expired not more than three years before performance of the notarial act, contains the individual’s signature or a photograph of the individual, and is satisfactory to the officer; or

b.    By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver’s license, or government-issued nondriver identification card that is currently valid or expired not more than three years before performance of the notarial act.

3.    A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual.