Key Takeaways
- A jurat combines signature witnessing with an oath about truthfulness
- The signer MUST sign the document in the notary's presence for a jurat
- The signer must take an oath or affirmation that the document contents are true
- Commonly used for affidavits, declarations, and sworn statements
- Certificate wording differs from acknowledgment to reflect oath requirement
Jurats (Verifications Upon Oath)
A jurat (also called a "verification upon oath or affirmation") is a notarial act that combines signature witnessing with an oath about the truthfulness of the document's contents.
Definition
Under HRS 456-1.6, a "verification upon oath or affirmation" means a declaration, made by a person on oath or affirmation before a notary public, that a statement in a document is true.
Key Requirements for a Jurat
| Requirement | Description |
|---|---|
| Personal appearance | Signer must appear before the notary |
| Sign in presence | Signer MUST sign document in notary's presence |
| Oath/affirmation | Signer must swear or affirm the truth of contents |
| Identification | Notary must positively identify signer |
| Certificate | Notary completes jurat certificate |
Jurat vs. Acknowledgment: Critical Differences
| Feature | Jurat | Acknowledgment |
|---|---|---|
| Signing | MUST sign in notary's presence | May sign before appearing |
| Oath | Required - signer swears to truth | Not required |
| Purpose | Verify truth of document contents | Verify voluntary signature |
| Typical docs | Affidavits, sworn statements | Deeds, mortgages |
The Jurat Process
Step 1: Signer Appears (Document Unsigned)
The signer personally appears before the notary with the document unsigned (or signed portion blank).
Step 2: Identification
The notary positively identifies the signer.
Step 3: Signature Witnessed
The signer signs the document in the notary's presence. The notary must actually watch the signing.
Step 4: Oath/Affirmation Administered
The notary administers an oath or affirmation:
"Do you swear (or affirm) that the statements in this document are true?"
The signer must respond "I do" or equivalent.
Step 5: Certificate Completion
The notary completes the jurat certificate, which typically states:
- "Subscribed and sworn to (or affirmed) before me"
- Date
- Jurisdiction
- Notary signature, seal, and commission info
Common Uses for Jurats
| Document Type | Why Jurat is Used |
|---|---|
| Affidavits | Sworn statement of facts |
| Declarations | Legal statement under oath |
| Depositions | Sworn testimony |
| Financial statements | Sworn accuracy of figures |
| Immigration forms | Sworn accuracy of information |
Important Considerations
If Document is Already Signed
If a signer appears with a document already signed requesting a jurat:
- Option A: Have signer re-sign in your presence, then administer oath
- Option B: Line through existing signature, have signer sign again while you watch
- Do NOT simply notarize an already-signed document as a jurat
Jurat vs. Copy Certification
A jurat is about the truth of statements in a document, not about whether a copy matches an original. These are different notarial acts.
On the Exam
Critical distinctions:
- Jurat requires signing IN the notary's presence
- Jurat requires oath or affirmation
- Acknowledgment does NOT require either
- Both require identification and personal appearance
What distinguishes a jurat from an acknowledgment?
A signer appears before you with an affidavit that is already signed and requests a jurat. What should you do?