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
Last updated: January 2026

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

TypeDescriptionReligious Reference
OathFormal pledge to tell the truthTypically invokes God or higher power
AffirmationFormal pledge to tell the truthNo 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:

  1. Ask the person to raise their right hand (traditional, not legally required)
  2. Clearly state the oath or affirmation
  3. 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 CaseExample
AffidavitsSworn written statements
DepositionsSworn testimony for legal proceedings
JuratsPart of the jurat notarization
Witness statementsFormal declarations
ApplicationsSwearing to truthfulness of information
Test Your Knowledge

What is the difference between an oath and an affirmation in terms of legal weight?

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