Key Takeaways
- A jurat requires the signer to sign the document in the notary's presence
- The signer must take an oath or affirmation before signing
- Jurat certificate states that both signing and oath occurred
- Common for affidavits, declarations, and sworn statements
- The notary does NOT verify the truthfulness of the document contents
Jurat Requirements
A woman hands you an affidavit that she signed yesterday at home. "I just need your notarization," she says. You examine the document and see the words "Subscribed and sworn to before me..." at the bottom. You must refuse—this document requires a jurat, which means she must sign it now, in your presence, after taking an oath.
This scenario highlights why understanding the distinction between jurats and acknowledgments is so critical—and so frequently tested on the exam.
What Is a Jurat?
A jurat is a notarial act that requires TWO specific elements:
| Element | What It Means |
|---|---|
| 1. Signature in presence | The signer must sign the document while the notary watches |
| 2. Oath or affirmation | The signer must swear or affirm that the document contents are true |
Both elements must occur for a valid jurat. If either is missing, the jurat is invalid.
Jurat vs. Acknowledgment: The Critical Distinction
This is the most frequently tested topic on the notary exam:
| Feature | Jurat | Acknowledgment |
|---|---|---|
| Sign in presence? | YES — REQUIRED | NO — not required |
| Oath required? | YES — REQUIRED | NO — not required |
| What signer confirms | "The contents are true" | "I signed this document" |
| Certificate says | "Subscribed and sworn" | "Acknowledged...executed the same" |
| Common documents | Affidavits, declarations | Deeds, powers of attorney |
Memory Trick
| Notarial Act | Remember |
|---|---|
| Jurat | Just now (sign in presence) + Judge me (swear truth) |
| Acknowledgment | Acknowledge past (signature already there) |
The Two Elements in Detail
Element 1: Signing in Presence
| Requirement | Details |
|---|---|
| Signer must sign while you watch | You see them make the signature |
| Cannot use pre-signed document | Unlike acknowledgment |
| If already signed | Must re-sign or cross out and initial |
Real-World Scenario:
- Document arrives already signed
- Signer must CROSS OUT the existing signature
- Signer makes a NEW signature in your presence
- OR have signer initial next to existing signature and write "signed in presence of notary"
Element 2: Oath or Affirmation
| Requirement | Details |
|---|---|
| Must be administered verbally | You speak the words |
| Signer must respond | "I do" or similar affirmation |
| Signer's choice | Oath (religious) or affirmation (secular) |
Sample Oath: "Do you solemnly swear that the statements in this document are true and correct, so help you God?" Signer: "I do."
Sample Affirmation: "Do you solemnly affirm, under penalty of perjury, that the statements in this document are true and correct?" Signer: "I do."
Documents That Require Jurats
Common documents requiring a jurat (signer must swear truth):
| Document Type | Purpose |
|---|---|
| Affidavits | Sworn statements of fact |
| Declarations | Statements under penalty of perjury |
| Depositions | Sworn testimony |
| Applications | When sworn accuracy is required |
| Financial statements | Verification under oath |
| Immigration forms | Some require sworn statements |
How to Identify a Jurat Document
Look for these phrases on the document:
| Phrase | Indicates |
|---|---|
| "Subscribed and sworn to before me" | Jurat required |
| "Sworn to" | Jurat required |
| "Affirmed before me" | Jurat required |
| "Taken under oath" | Jurat required |
| "Acknowledged before me" | Acknowledgment (NOT jurat) |
The Jurat Procedure: Step by Step
| Step | Action |
|---|---|
| 1 | Verify signer's identity (same as acknowledgment) |
| 2 | Ensure document is unsigned (or handle pre-signing issue) |
| 3 | Have signer sign the document in your presence |
| 4 | Administer the oath or affirmation verbally |
| 5 | Complete the jurat certificate |
| 6 | Sign and seal the certificate |
| 7 | Record in your journal (including oath administered) |
What the Notary Does NOT Certify
This is a critical exam concept:
| Notary DOES Certify | Notary Does NOT Certify |
|---|---|
| Signer appeared before me | Document contents are true |
| Signer signed in my presence | Document is legally valid |
| I administered the oath | Signer is telling the truth |
| Signer took the oath | Document is accurate |
Key Point: The notary certifies that the SIGNER SWORE the contents are true—NOT that the contents actually ARE true.
If someone lies under oath, they commit perjury. But the notary is not responsible for detecting lies.
Jurat Certificate Wording
California's jurat certificate includes:
| Element | Example |
|---|---|
| Venue | "State of California, County of Los Angeles" |
| Appearance | "Subscribed and sworn to (or affirmed) before me" |
| Date | "on this 15th day of January, 2025" |
| Signer | "by [signer's name]" |
| How ID'd | "proved to me on the basis of satisfactory evidence" |
| Notary signature | Your signature |
| Notary seal | Your official seal |
On the Exam
Expect 3-4 questions on jurats. Key points tested:
- Sign in presence: REQUIRED for jurat (not for acknowledgment)
- Oath/affirmation: REQUIRED for jurat (not for acknowledgment)
- Pre-signed document: Cannot use—signer must sign in presence
- Truth certification: Notary certifies signer SWORE contents true, not that they ARE true
- "Subscribed and sworn": Key phrase indicating jurat
What two things are required for a jurat that are NOT required for an acknowledgment?
When performing a jurat, does the notary certify that the document contents are true?