Key Takeaways
- Oaths and affirmations have equal legal effect
- Oaths reference a deity; affirmations are secular
- Can be administered for witnesses, officials, and various purposes
- No document is required for a standalone oath/affirmation
- Verbal response from the person is required
Last updated: January 2026
Administering Oaths and Affirmations
Montana notaries have the authority to administer oaths and affirmations for various purposes beyond document notarization.
Oaths vs. Affirmations
| Feature | Oath | Affirmation |
|---|---|---|
| Legal Effect | Binding | Equally binding |
| Religious Reference | Yes ("so help you God") | No |
| Who Chooses | The person taking it | The person taking it |
| Consequences | Perjury if false | Perjury if false |
When Oaths/Affirmations Are Administered
| Purpose | Example |
|---|---|
| Document Verification (Jurat) | Swearing affidavit contents are true |
| Witness Testimony | Swearing to tell the truth in depositions |
| Official Duties | Swearing in government officials |
| Credible Witness | Witness swears to signer's identity |
| Verbal Statements | No document required |
Administering an Oath
The notary asks the person to raise their right hand (traditional but not required) and states:
"Do you solemnly swear that [purpose of oath], so help you God?"
The person responds: "I do" or "Yes"
Administering an Affirmation
"Do you solemnly affirm that [purpose of oath]?"
The person responds: "I do" or "Yes"
Key Requirements
- Personal appearance — Person must be present before the notary
- Identity verification — If administering with a document
- Verbal response — Person must respond affirmatively
- Documentation — Recorded in notary journal
Standalone Oaths (No Document)
A notary may administer an oath or affirmation without any document, such as:
- Swearing in a witness for a deposition
- Administering oath of office
- Any verbal declaration under oath
For standalone oaths, the notary should still record the act in their journal.
On the Exam
- Equal effect: Oaths and affirmations are legally equivalent
- Person's choice: Let them choose oath or affirmation
- Verbal response: Must receive "I do" or "Yes"
- No document required: Standalone oaths are valid
Test Your Knowledge
A person requests an affirmation because they do not wish to reference a deity. What should the notary do?
A
B
C
D