Key Takeaways
- An oath is a spoken pledge to God or a higher power; an affirmation is a secular alternative
- The choice between oath and affirmation is entirely up to the individual taking it
- A jurat (verification on oath/affirmation) requires the signer to sign IN the notary's presence
- Jurats are used for affidavits and any document where the signer swears to the truth of contents
- The notary must administer the oath/affirmation verbally before the signer signs
Oaths, Affirmations, and Jurats
Understanding the difference between oaths, affirmations, and jurats is essential for Maine notaries.
Oath vs. Affirmation
| Type | Definition | For Whom |
|---|---|---|
| Oath | A spoken pledge to God or a higher power | Those with religious beliefs |
| Affirmation | A secular pledge without invoking deity | Those preferring non-religious |
Important: The choice between oath or affirmation is entirely up to the individual. Never assume or suggest which one a person should take.
Administering an Oath
When administering an oath, the notary asks:
"Do you solemnly swear that the statements in this document are true, so help you God?"
The person must verbally respond "I do" or "Yes."
Administering an Affirmation
When administering an affirmation, the notary asks:
"Do you solemnly affirm, under the penalties of perjury, that the statements in this document are true?"
The person must verbally respond "I do" or "Yes."
What Is a Jurat?
A jurat (also called "verification on oath or affirmation") is a notarial act that certifies:
- The notary administered an oath or affirmation to the signer
- The signer signed the document in the notary's presence
- The signer swears or affirms the document contents are true
Jurat vs. Acknowledgment Comparison
| Feature | Jurat | Acknowledgment |
|---|---|---|
| Oath/affirmation required | Yes | No |
| Sign in notary's presence | Yes | No |
| Swear to truth of contents | Yes | No |
| Pre-signed document okay | No | Yes |
| Common use | Affidavits | Deeds, contracts |
The Jurat Process
Step 1: Signer Appears
The signer must personally appear before the notary with the unsigned document.
Step 2: Verify Identity
The notary verifies the signer's identity.
Step 3: Administer Oath/Affirmation
The notary verbally administers the oath or affirmation. The signer must respond affirmatively.
Step 4: Signer Signs in Presence
The signer signs the document while the notary watches.
Step 5: Complete Certificate
The notary completes the jurat certificate.
Jurat Certificate (Short Form)
Maine provides a short form for jurats:
State of Maine County of ___________
Signed and sworn to (or affirmed) before me on _________ [date] by _________ [name(s) of individual(s) making statement].
_________________________ [Signature of notarial officer] [Stamp, if any] Title: Notary Public, State of Maine My commission expires: _________
Documents Requiring Jurats
| Document Type | Purpose |
|---|---|
| Affidavits | Sworn written statements |
| Depositions | Sworn testimony |
| Applications (some) | Sworn information |
| Sworn statements | Legal declarations |
| Financial affidavits | Divorce/court proceedings |
If Document Is Already Signed
If someone brings a document that requires a jurat but has already signed it:
- The signature must be struck through
- The person must sign again in your presence
- The new signature receives the jurat certification
On the Exam
Critical points:
- Jurat = sign in presence of notary
- Oath = religious pledge (to God)
- Affirmation = secular pledge (no deity)
- Signer chooses between oath and affirmation
- Administer oath BEFORE signer signs
What is the key difference between an oath and an affirmation?
A client brings an affidavit that they already signed at home. They want you to perform a jurat. What should you do?
Who decides whether to take an oath or an affirmation?