Key Takeaways
- A jurat requires both an oath AND signature in the notary's presence
- The signer must swear or affirm that the document contents are true
- Signature MUST be made in the notary's presence
- Use "Subscribed and sworn" or "Subscribed and affirmed" language
- A jurat certificate cannot be used if no oath was administered
Jurats, Oaths, and Affirmations
While acknowledgments are the most common notarial act, jurats are equally important and frequently tested. The key difference is that a jurat requires an oath about the document's contents AND the signature must be made in the notary's presence.
What Is a Jurat?
A jurat is a notarial act in which BOTH of the following occur:
- The signer gives an oath or affirmation that the statements in the document are true and correct
- The signer signs the document in the presence of the notary
The Oath or Affirmation Requirement
Ohio law specifies that the notary must administer an oath or affirmation using one of these questions (or substantially similar wording):
Oath Form
"Do you solemnly swear that the statements in this document are true, so help you God?"
Affirmation Form
"Do you affirm, under penalty of perjury, that the statements in this document are true?"
Important: The signer chooses whether to take an oath or affirmation. If they have conscientious objections to oaths (religious or otherwise), they may take an affirmation instead. Both have identical legal effect.
Signature in Notary's Presence
Unlike acknowledgments, the signer MUST sign the document while the notary watches. If the document is already signed, the signer may:
- Sign again in the notary's presence, OR
- Strike through the existing signature and sign again
Jurat vs. Acknowledgment Comparison
| Feature | Jurat | Acknowledgment |
|---|---|---|
| Oath about contents | REQUIRED | NOT required |
| Signature timing | MUST be in notary's presence | May be signed before |
| What signer declares | Contents are true | Signature is voluntary |
| Certificate language | "Subscribed and sworn/affirmed" | "Acknowledged before me" |
| Common uses | Affidavits, sworn statements | Deeds, contracts, powers of attorney |
Jurat Certificate Language
A proper jurat certificate should include:
| Element | Purpose |
|---|---|
| "Subscribed and sworn" | Indicates oath was administered |
| "Subscribed and affirmed" | Alternative if affirmation was used |
| Date of notarization | When oath was taken |
| Location (state/county) | Jurisdiction |
| Notary signature and seal | Authentication |
Sample Jurat Certificate
State of Ohio, County of ____________
Subscribed and sworn (or affirmed) before me this _____ day of _________, 20
Notary Public, State of Ohio My Commission Expires: ____________
Critical Rule: Match Certificate to Act
Ohio Law Requirement: A notary public shall NOT use a jurat certificate when no oath or affirmation was administered.
Conversely, a notary shall NOT use an acknowledgment certificate when an oath or affirmation WAS administered.
Using the wrong certificate type:
- Creates an invalid notarization
- May constitute notary misconduct
- Could lead to disciplinary action
When to Use a Jurat
Common documents requiring a jurat:
| Document Type | Why Jurat Required |
|---|---|
| Affidavits | Sworn statement of facts |
| Depositions | Sworn testimony |
| Sworn declarations | Legal truth requirement |
| Some government forms | Require sworn statements |
Administering the Oath Properly
Step-by-Step Jurat Process
- Verify identity of the signer
- Have signer read the document (or confirm they've read it)
- Administer the oath — ask the oath/affirmation question
- Wait for response — signer must answer "I do" or similar affirmation
- Watch the signature — signer signs in your presence
- Complete the certificate — fill out the jurat certificate
- Affix your seal — stamp the document
On the Exam
Key points tested about jurats:
- Two requirements: Oath AND signature in presence
- Certificate matching: Use jurat certificate ONLY if oath was given
- Oath vs. affirmation: Same legal effect—signer chooses
- Cannot substitute: An acknowledgment cannot replace a jurat if oath is required
- Consequence of lying: Perjury (criminal offense)
What are the TWO requirements for a valid jurat?
A document has already been signed when the signer appears for a jurat. What should the notary do?
What happens if a notary uses a jurat certificate when no oath was administered?