The Jurat Without the Oath
A paralegal brings an affidavit to a notary and asks for a 'stamp and signature' because the affiant 'already swore to it at the lawyer's office.' The affiant is present, holding the affidavit, and says, 'Yes, I swear it's true.' The document already bears a jurat form with a blank date and the notary's name typed in. The notary is also asked to backdate the jurat to the previous Friday to match the filing deadline. The affiant's driver's license expired three weeks ago, but she has a current passport. The notary's seal is faint from low ink.
1. What must the notary do before completing the jurat, and can she rely on the earlier swearing?
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A jurat certifies that the affiant personally appeared, signed the document in the notary's presence (where required), and swore or affirmed the truth of its contents before the notary. The notary must personally administer the oath or affirmation-asking whether the affiant swears the contents are true and receiving an affirmative response-and must witness the signature if the form requires it. She cannot rely on a swearing that occurred at the lawyer's office outside her presence; that would be certifying an event she did not conduct. The affiant's statement 'I swear it's true' in the notary's presence can support administration of the oath if the notary formally administers it and confirms understanding, but the notary must actually perform the ceremony, not merely accept a report of it.
2. How should the notary handle the backdating request and the expired license?
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Backdating is prohibited: the notary must record the actual date of the act. Falsifying the date misrepresents when the oath was administered and can constitute a criminal offense and grounds for commission revocation. The notary should refuse and explain that the filing deadline is the lawyer's problem to solve, not a basis for a false certificate. On identification, an expired license is generally unacceptable as satisfactory evidence, but a current passport is a valid government-issued photo ID; the notary should record the passport type and number in the journal. The faint seal should be replaced with a clear impression before the document leaves; an illegible seal can cause rejection and undermines authentication.
3. Draft the substantive elements the notary's journal entry and certificate should contain.
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The certificate should state the venue (state and county where the act occurred), the actual date, that the affiant personally appeared, that the notary administered an oath or affirmation, and the notary's signature, name, commission number, and seal. It should not state a date other than the true one. The journal should record the date and time, the affiant's name and address, the identification document type and number (current passport), the type of act (jurat/oath), the document title, and the fee. If the state requires, the notary should note the method of appearance and any unusual circumstances. The notary should also note that the affiant signed in her presence if that is required for the jurat form.