Affidavit Presented With an Acknowledgment Certificate

The printed certificate is an acknowledgment. An acknowledgment certifies that the signer appeared personally, was identified, and acknowledged that the signature is voluntary. It does not certify that the signer swore to the truth of the document. An affidavit, by contrast, requires a jurat: the notary administers an oath or affirmation, the signer swears or affirms that the contents are true, and the notary certifies that the oath was administered and the signature was made in the notary's presence. Elena's document is titled Affidavit and says she swears under penalty of perjury. Using the printed acknowledgment would not match the act the document requires. Marcus cannot simply sign the acknowledgment because it is already printed; the certificate must accurately describe what actually happened.

Marcus may rely on personal knowledge to identify Elena if Indiana's satisfactory-evidence standard allows it, and six years of acquaintance through church can support that. But identification is only part of a jurat. Before completing a jurat, Marcus must administer an oath or affirmation, hear Elena swear or affirm that the affidavit is true, and witness her signature. He must then complete a jurat certificate with the venue, date, his signature, and his seal. He should not use the printed acknowledgment certificate for a sworn affidavit. If Elena will not swear or affirm, Marcus cannot issue a jurat; he can only perform an acknowledgment if the document is being acknowledged and the certificate is changed to match that act, which would not make the affidavit sworn.

If Elena refuses, Marcus should decline to notarize the affidavit as sworn. He should explain the difference plainly: an acknowledgment verifies the signature, while a jurat verifies the oath. He should not pressure her, fill in a jurat falsely, or sign a certificate that says she swore when she did not. If the receiving agency will accept an acknowledgment instead, the document and certificate would need to be revised, but Marcus should not give legal advice about whether that will satisfy the agency. The safe course is to stop, let Elena decide, and refer her to the agency or an attorney if she needs advice about the form.