Witnessing Bonds and Bond Applications

Not all applications and bonds need to be witnessed, but if you have a document that requires witnessing, this signature provides evidentiary support in case there is a dispute about who signed. Generally, a witness must be a disinterested third party.

What is a Witness?

Individuals who serve as witnesses to legal documents verify that the signature on the document belongs to the person with that name. In other words, witnesses protect against forgery. If a question regarding the signature on a document comes up, a witness may be called upon to verify that the individual whose name is on the document signed the document in their presence.

Who Can Be a Witness?

A witness should be a third-party without an interest in the document. As long as the witness is disinterested (that is, would not be affected positively or negatively by the outcome of any process or proceeding related to the document), at least 18 years old and of sound mind, they can be a witness.

Who Shouldn’t Be a Witness?

Any individual named in a legal document cannot act as a witness to that document. You cannot witness yourself. Your spouse or another member of your family should not serve as a witness to any document you sign. Even if neither party is named in the document, your spouse and any relatives still have an interest in your property or could have some interest. Family members by marriage are also perceived to be interested parties and should not be witnesses to legal documents. The key is to find a person who is impartial.

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