Notary Public: Oaths, Affirmations, and Affidavit Administration

Oaths, Affirmations, and Affidavits

This domain tests the notary's role in administering oaths and affirmations and in completing affidavits. An oath is a solemn appeal to a deity; an affirmation is a solemn declaration without religious language. Both are legally binding, and false statements can constitute perjury. The notary administers the oath; the notary does not judge whether the affiant is telling the truth.

Core rules

• The affiant must appear personally before the notary.
• The notary should confirm the affiant's identity and willingness to swear or affirm.
• The notary asks a clear question, such as 'Do you swear or affirm that the statements in this affidavit are true to the best of your knowledge?'
• The affiant signs in the notary's presence when the document requires a jurat.
• The notary completes the jurat and seal. The notary should not read the entire affidavit, draft it, or coach the affiant on its contents.
• A notary may not notarize an affidavit in which the notary is the affiant or has a disqualifying interest.

Worked example

An affiant says, 'I don't believe in swearing, but I'll affirm.' The notary should administer an affirmation rather than an oath. The certificate may use 'affirmed' instead of 'sworn.' The legal effect is the same, and the notary should not pressure the affiant to use religious language. If the preprinted jurat says 'sworn,' the notary may amend the wording to 'sworn/affirmed' only if state law and the document permit it; otherwise use a proper jurat form.

Traps

• Administering an oath without asking the affiant to affirm the truth.
• Notarizing an affidavit signed outside the notary's presence when a jurat is required.
• Drafting or altering the affiant's statement.
• Using 'sworn' when the affiant chose an affirmation.