Key Takeaways
- An oath invokes a supreme being; an affirmation does not
- Both have the same legal effect
- The person must raise their right hand for an oath
- Affirmations are used when the person objects to swearing
- False statements under oath or affirmation constitute perjury
Oaths and Affirmations
A notary public is authorized to administer oaths and affirmations. Understanding the difference and proper administration is essential.
Oath vs. Affirmation
| Feature | Oath | Affirmation |
|---|---|---|
| Invokes higher power | Yes - "So help me God" | No |
| Hand raised | Yes (traditional) | Optional |
| Legal effect | Binding | Same as oath |
| When used | Standard choice | When person objects to swearing |
| Perjury applies | Yes | Yes |
Administering an Oath
The traditional oath requires:
- Person raises right hand
- Notary asks: "Do you solemnly swear that the contents of this affidavit/document are true, so help you God?"
- Person responds: "I do" or "Yes"
Sample Oath Wording
"Do you solemnly swear that the statements in this document are true and correct to the best of your knowledge and belief, so help you God?"
Administering an Affirmation
For those who object to swearing an oath (religious or personal reasons):
- Person may or may not raise hand
- Notary asks: "Do you solemnly affirm that the contents of this document are true?"
- Person responds: "I do" or "Yes"
Sample Affirmation Wording
"Do you solemnly, sincerely, and truly declare and affirm that the statements in this document are true and correct?"
Affidavits and Jurats
An affidavit is a written statement made under oath. A jurat is the notarial certificate attached to an affidavit.
Key Differences from Acknowledgment
| Feature | Acknowledgment | Jurat (Oath/Affirmation) |
|---|---|---|
| Signing | Can be done beforehand | Must sign in notary's presence |
| Sworn statement | No oath required | Oath or affirmation required |
| Purpose | Verify signature | Verify truthfulness of content |
| Witness signing | Not required | Required |
Critical Distinction: For a jurat, the person MUST:
- Sign the document IN FRONT of the notary
- Take an oath or affirmation about the truthfulness of the content
Jurat Certificate
State of New York )
) ss.:
County of _________ )
Sworn to (or affirmed) before me this ___ day of _________, ____.
_______________________________
Notary Public
Perjury
False statements made under oath or affirmation constitute perjury — a criminal offense.
| Offense | Consequence |
|---|---|
| Perjury (intentional false statement under oath) | Felony in New York |
| Making a false written statement | Criminal offense |
The notary should ensure the affiant understands the seriousness of making a sworn statement.
On the Exam
Expect 2-3 questions on oaths and affirmations:
- Equal legal effect: Both equally binding
- Affirmation purpose: For those who object to religious oath
- Jurat requires: Signing in notary's presence + oath
- Perjury: False statement under oath is a crime
What is the legal difference between an oath and an affirmation?
For a jurat, must the person sign the document in the notary's presence?