Key Takeaways
- An oath appeals to a supreme being; an affirmation is a secular promise
- The signer chooses whether to take an oath or affirmation
- Both have the same legal effect—perjury applies to false statements under either
- Raising the right hand is customary but not legally required
- The oath/affirmation must be administered verbally by the notary
Administering Oaths and Affirmations
A signer refuses to say "so help me God." Can you still complete the jurat? Absolutely—you administer an affirmation instead. Alternatively, a deeply religious signer asks specifically to "swear before God"—you administer an oath. The choice belongs to the signer, not the notary.
This is more than procedural knowledge—it's about respecting individual beliefs while performing legally equivalent acts.
Oath vs. Affirmation: The Fundamental Difference
| Feature | Oath | Affirmation |
|---|---|---|
| Nature | Religious | Secular |
| Appeal to | A supreme being/God | Personal honor/conscience |
| Key word | "Swear" | "Affirm" |
| Includes | "so help you God" | No religious reference |
| Legal effect | Full legal force | Identical legal force |
Why This Matters
The First Amendment protects freedom of religion—and freedom FROM religion. Some people:
- Have strong religious beliefs and want to swear before God
- Have different religious beliefs that prohibit swearing
- Are non-religious and prefer a secular promise
- Simply prefer one over the other for personal reasons
California law accommodates all by making oaths and affirmations legally equivalent.
The Signer's Choice—Not Yours
| Rule | Reason |
|---|---|
| Signer chooses oath or affirmation | Constitutional right |
| Notary must respect the choice | Cannot impose preference |
| Ask: "Do you prefer an oath or an affirmation?" | Best practice |
| Both are equally binding | No difference in legal effect |
What to Say: "I need to administer an oath or affirmation. An oath is a religious promise, and an affirmation is a non-religious promise. Which do you prefer?"
How to Administer an Oath
The oath is a solemn promise appealing to a supreme being.
Standard Oath Wording
| Component | Wording |
|---|---|
| Opening | "Do you solemnly swear..." |
| Content | "...that the statements in this document are true and correct..." |
| Closing | "...so help you God?" |
| Response | "I do." |
Complete Example: Notary: "Raise your right hand." (optional but customary) Notary: "Do you solemnly swear that the statements in this document are true and correct, so help you God?" Signer: "I do."
How to Administer an Affirmation
The affirmation is a solemn promise without religious reference.
Standard Affirmation Wording
| Component | Wording |
|---|---|
| Opening | "Do you solemnly affirm..." |
| Content | "...that the statements in this document are true and correct..." |
| Closing | "...under penalty of perjury under the laws of the State of California?" |
| Response | "I do." |
Complete Example: Notary: "Do you solemnly affirm, under penalty of perjury, that the statements in this document are true and correct?" Signer: "I do."
Raising the Right Hand
| Status | Details |
|---|---|
| Required? | NO—not legally required |
| Customary? | Yes—traditional practice |
| Purpose | Adds visible solemnity |
| Your choice? | You may request it, signer may decline |
Key Point: Raising the right hand is symbolic. A valid oath or affirmation can be given while seated, standing, or with hands at sides.
Legal Consequences: Perjury
Both oaths and affirmations carry the same legal weight:
| Element | Oath | Affirmation |
|---|---|---|
| Perjury applies? | YES | YES |
| False statement = crime? | YES | YES |
| Punishment severity? | Same | Same |
| Court admissibility? | Full | Full |
What Is Perjury?
| Definition | Making false statements under oath or affirmation | | California Penal Code | § 118 | | Classification | Felony | | Maximum penalty | Up to 4 years in state prison |
Notary's Role: You do NOT determine whether statements are true or false. You simply administer the oath/affirmation. If the signer lies, that's perjury—but detecting perjury is for courts, not notaries.
Verbal Administration Requirement
| Requirement | Details |
|---|---|
| Must be spoken aloud | Cannot use written form only |
| Notary speaks first | Administers the words |
| Signer responds verbally | "I do" or similar |
| Cannot be implied | Must be explicitly stated |
Wrong: Silently pointing to the oath language on a form Right: Verbally asking "Do you swear/affirm...?" and receiving verbal "I do"
Oaths Beyond Jurats
Notaries may administer oaths in situations beyond jurats:
| Situation | Example |
|---|---|
| Depositions | Witness swears before testimony |
| Oaths of office | Public officials taking office |
| Credible witness oath | Witness swears they know signer |
| General oaths | Any lawful oath requested |
On the Exam
Expect 2-3 questions on oaths/affirmations. Key points tested:
- Same legal effect: Oath = affirmation in legal force
- Signer's choice: NOT the notary's choice
- Key difference: Oath is religious; affirmation is secular
- Right hand: Customary, but NOT legally required
- Perjury: Applies equally to both
- Verbal requirement: Must be spoken aloud
What is the difference between an oath and an affirmation?
Is raising the right hand legally required when taking an oath?
Who decides whether the signer takes an oath or an affirmation?