Oaths, Affirmations, and Affidavits
An oath is a solemn promise made with reference to a supreme being or other binding commitment; an affirmation is the equivalent promise made without religious reference. Both carry the same legal weight. The notary administers the oath or affirmation by asking the affiant to raise a hand if customary, stating the substance of the promise, and receiving an affirmative response. The notary must actually administer it; a silent signature on a jurat is not enough.
An affidavit is a written statement of facts sworn to by the affiant before a notary or other authorized officer. Its validity depends on personal appearance, identification, administration of the oath, and the affiant's signature in the notary's presence, memorialized in a jurat. Affidavits are used for verifications, financial statements, and declarations in lieu of testimony. Candidates should distinguish an affidavit from a declaration or unsworn statement, which may not require a notary but carries different evidentiary consequences.
The notary's role is procedural, not substantive: the notary does not judge whether the affiant is telling the truth, only that the oath was administered and the affiant appeared willing and able to swear. Traps include accepting a pre-signed affidavit without administering the oath; using an acknowledgment form for an affidavit; failing to identify the affiant; and allowing a third party to prompt the affiant's answers. The notary should also avoid coaching or suggesting answers.
Rule of thumb: no oath, no affidavit. Worked example: a notary receives a signed verification, asks the affiant to raise a hand, asks "Do you swear the statements in this document are true?", receives "I do," and completes the jurat reciting the oath and the affiant's in-presence signature.