Key Takeaways
- Oaths invoke a higher power; affirmations are secular but equally binding
- Both carry the same legal weight and consequences
- The signer must be administered the oath/affirmation verbally
- Used for sworn statements, depositions, and affidavits
- Perjury penalties apply if the sworn statement is false
Oaths and Affirmations
Oaths and affirmations are verbal pledges that carry legal consequences. Understanding how to properly administer them is crucial.
Definitions
Oath
An oath is a formal declaration that invokes a deity or higher power. Example: "Do you solemnly swear that the statements in this document are true, so help you God?"
Affirmation
An affirmation is a formal declaration without religious reference, but with the same legal force. Example: "Do you solemnly affirm, under penalty of perjury, that the statements in this document are true and correct?"
Key Distinctions
| Aspect | Oath | Affirmation |
|---|---|---|
| Religious reference | Yes | No |
| Legal weight | Full | Same as oath |
| Perjury consequences | Apply | Apply |
| Who may use | Anyone | Anyone |
When to Use Oaths/Affirmations
| Situation | Use Oath or Affirmation |
|---|---|
| Affidavits | Required |
| Depositions | Required |
| Witness testimony | Required |
| Sworn statements | Required |
| Acknowledgments | NOT used |
Administering Oaths and Affirmations
Proper Procedure
- Ask preference - Ask signer if they prefer oath or affirmation
- Administer verbally - Speak the oath/affirmation clearly
- Require response - Signer must verbally respond (e.g., "I do")
- Witness signature - Watch signer sign document
- Complete certificate - Fill out jurat certificate
- Record in journal - Document the notarial act
Sample Oath Wording
"Do you solemnly swear that the contents of this document are true and correct to the best of your knowledge, so help you God?"
Sample Affirmation Wording
"Do you solemnly affirm, under penalty of perjury under the laws of the State of Colorado, that the statements in this document are true and correct?"
Common Mistake: Omitting the Verbal Administration
Many notaries make the critical error of:
- Watching the signature
- Completing the certificate
- Forgetting to actually administer the oath/affirmation verbally
This omission can invalidate the notarization!
Legal Consequences of False Sworn Statements
| Consequence | Description |
|---|---|
| Perjury charges | Criminal prosecution possible |
| Document invalidation | May void the document |
| Civil liability | Damages to injured parties |
Respecting Signer Preferences
| Signer Request | Notary Action |
|---|---|
| Prefers oath | Administer oath |
| Prefers affirmation | Administer affirmation |
| Objects to both | Cannot proceed with jurat |
On the Exam
- Oath vs. affirmation: Equal legal weight
- Verbal requirement: MUST be spoken aloud
- Perjury: Applies to both oaths and affirmations
- Common error: Omitting verbal administration
What is the difference in legal weight between an oath and an affirmation?
What common mistake do notaries make when performing a jurat?