Key Takeaways
- An oath is a solemn pledge with an appeal to God or a Supreme Being
- An affirmation is a legally equivalent pledge without religious reference
- The person taking an oath/affirmation is called the "affiant"
- Notaries must accommodate those who prefer affirmation over oath
- False statements under oath or affirmation constitute perjury
Oaths and Affirmations
Administering oaths and affirmations is one of the fundamental powers of a Hawaii notary public. These are solemn pledges that bind the person making them to tell the truth under penalty of perjury.
Definitions
| Term | Definition |
|---|---|
| Oath | A solemn pledge with an appeal to God or a Supreme Being to attest to the truth of a statement |
| Affirmation | A solemn pledge to tell the truth WITHOUT reference to a Supreme Being |
| Affiant | The person taking the oath or affirmation |
Legal Equivalence
Important: Oaths and affirmations are legally equivalent. Both:
- Bind the affiant to truthfulness
- Subject the affiant to perjury penalties for false statements
- Are equally valid in legal proceedings
- Must be accepted interchangeably by all parties
When to Use Oath vs. Affirmation
| Use Oath When | Use Affirmation When |
|---|---|
| Affiant requests it | Affiant's conscience does not permit swearing |
| Document specifies "swear" | Affiant prefers secular pledge |
| Affiant is comfortable with religious reference | Affiant requests it |
Notary Obligation: If an affiant indicates that their conscience will not permit use of the word "swear," the notary must substitute "affirm" and administer an affirmation instead.
Administering an Oath
The notary should ask the affiant:
"Do you solemnly swear that the statements in this document are true, so help you God?"
The affiant must respond affirmatively (e.g., "I do" or "Yes").
Administering an Affirmation
The notary should ask:
"Do you solemnly affirm, under penalty of perjury, that the statements in this document are true?"
The affiant must respond affirmatively.
Key Elements
For a valid oath or affirmation:
| Element | Requirement |
|---|---|
| Personal appearance | Affiant must appear before notary |
| Identification | Notary must identify the affiant |
| Verbal pledge | Affiant must verbally agree to the oath/affirmation |
| Understanding | Affiant must understand they are bound to truthfulness |
| Voluntary | Affiant must take oath/affirmation willingly |
Common Uses
Oaths and affirmations are administered for:
- Jurats (oath about document contents)
- Depositions and testimony
- Swearing in witnesses
- Affidavits and declarations
- Sworn applications and statements
Perjury Consequences
Making false statements under oath or affirmation constitutes perjury, a serious criminal offense that can result in:
- Criminal prosecution
- Fines
- Imprisonment
- Civil liability
On the Exam
Remember:
- Oaths reference God; affirmations do not
- Both are legally equivalent
- Notary MUST accommodate affirmation requests
- False statements = perjury
What is the difference between an oath and an affirmation?
If a signer states that their conscience will not permit them to "swear," what should the notary do?