A subscribing witness is one who sees a writing executed or hears it acknowledged, and at the request of the party thereupon signs his name as a witness.
§ 1935.“Subscribing witness” defined
Title 2. Of the Kinds and Degrees of Evidence · Chapter 3. Writings · Article 3. Private Writings · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 1935 defines a subscribing witness as a person who watches a writing get executed, or hears the person who executed it acknowledge doing so, and then signs their own name as a witness at that party's request.
Full Text of § 1935
Plain-English Summary
A subscribing witness plays a specific evidentiary role, and this section pins down exactly what qualifies someone for that role. The person has to either watch the writing get executed firsthand or hear the party acknowledge having executed it, and then, at that party's request, sign their own name to the document as a witness.
That combination matters because a subscribing witness later becomes a source of proof: if a private writing's execution is ever disputed, the subscribing witness can testify to having seen or heard the execution happen. A person who merely happens to sign a document without meeting these conditions isn't a subscribing witness in the sense this article uses the term.
Frequently Asked Questions
What makes someone a subscribing witness under this section?
Seeing a writing executed, or hearing the party acknowledge its execution, and then signing one's own name as a witness at the party's request.
Why does the law care about subscribing witnesses?
They can later provide proof of a writing's execution if that execution is disputed.
Does signing a document automatically make someone a subscribing witness?
No. The signer must also have witnessed the execution or heard it acknowledged, and must sign at the executing party's request.
Amendment History
(Enacted in 1872.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: subscribing witness definition californiawho qualifies as a witness to a writing