Key Takeaways
- An oath is a formal pledge to tell the truth, typically invoking a higher power
- An affirmation serves the same legal purpose as an oath but without religious reference
- Oaths and affirmations must be given in person
- Making false statements under oath is subject to perjury penalties
- The signer chooses whether to take an oath or affirmation
Oaths and Affirmations
Definition
An oath or affirmation is a notarial act in which a notary public certifies that a person has made a vow in the presence of the notary on penalty of perjury.
Oath vs. Affirmation
| Type | Description | Religious Reference |
|---|---|---|
| Oath | Formal pledge to tell the truth | Typically invokes God or higher power |
| Affirmation | Formal pledge to tell the truth | No religious reference |
Both carry identical legal weight. The person taking the oath/affirmation chooses which form to use.
Legal Effect
When a person takes an oath or affirmation:
- They are bound in conscience to perform the act faithfully and truthfully
- Any willfully untrue statements are subject to perjury penalties
- The oath/affirmation renders the statement legally binding
Requirements for Administering Oaths/Affirmations
In-Person Requirement
Oaths and affirmations must be given in person. The person must:
- Personally appear before the notary
- Verbally respond to the oath/affirmation
- Demonstrate understanding of the commitment
Proper Administration
The notary should:
- Ask the person to raise their right hand (traditional, not legally required)
- Clearly state the oath or affirmation
- Obtain a verbal response (typically "I do" or "Yes")
Sample Oath Wording
Traditional Oath:
"Do you solemnly swear that the statements you are about to make are the truth, the whole truth, and nothing but the truth, so help you God?"
Affirmation (non-religious):
"Do you solemnly affirm, under penalty of perjury, that the statements you are about to make are the truth, the whole truth, and nothing but the truth?"
Common Uses
| Use Case | Example |
|---|---|
| Affidavits | Sworn written statements |
| Depositions | Sworn testimony for legal proceedings |
| Jurats | Part of the jurat notarization |
| Witness statements | Formal declarations |
| Applications | Swearing to truthfulness of information |
What is the difference between an oath and an affirmation in terms of legal weight?