Key Takeaways
- Oaths invoke a higher power (e.g., "Do you swear...so help you God?")
- Affirmations are non-religious alternatives to oaths
- Jurats combine witnessing the signature with administering an oath/affirmation
- The signer MUST sign in front of the notary for a jurat
- Common for affidavits and sworn statements
Oaths, Affirmations, and Jurats
Oaths vs. Affirmations
| Feature | Oath | Affirmation |
|---|---|---|
| Invokes higher power | Yes ("so help you God") | No |
| Religious reference | Yes | No |
| Legal effect | Same | Same |
| Signer's choice | Signer may choose | Signer may choose |
| Penalty for lying | Perjury | Perjury |
When to Use Each
- Oath: When the signer prefers a religious reference
- Affirmation: When the signer prefers no religious reference
The notary must offer the signer a choice between an oath and affirmation. Never assume which one the signer wants.
Administering an Oath
Standard oath wording:
"Do you solemnly swear that the statements in this document are true, to the best of your knowledge, so help you God?"
The signer responds: "I do."
Administering an Affirmation
Standard affirmation wording:
"Do you solemnly affirm, under penalty of perjury, that the statements in this document are true, to the best of your knowledge?"
The signer responds: "I do."
What is a Jurat?
A jurat is a combined notarial act that includes:
| Step | Action |
|---|---|
| 1 | Verify signer's identity |
| 2 | Witness the signer sign the document |
| 3 | Administer an oath or affirmation about the truthfulness |
| 4 | Complete the jurat certificate |
| 5 | Sign and seal |
Critical Difference: Jurat vs. Acknowledgment
| Feature | Jurat | Acknowledgment |
|---|---|---|
| Witness signature | Required | Not required |
| Administer oath | Required | Not required |
| Verify content truth | Yes (signer swears) | No |
| Pre-signed documents | Not allowed | Allowed |
Sample Jurat Wording
State of Nebraska, County of ____________ Subscribed and sworn (or affirmed) before me on [date] by [name of signer]. [Seal] [Signature of notary] [Printed name of notary] Notary Public
Common Documents Using Jurats
| Document | Purpose |
|---|---|
| Affidavits | Sworn written statements |
| Depositions | Sworn testimony |
| Sworn declarations | Legal statements under oath |
| Financial statements | Certified financial records |
Fees for Oaths and Affirmations
| Service | Maximum Fee |
|---|---|
| Administering oath or affirmation | $2 |
| Certificate and seal (jurat) | $5 |
On the Exam
- Jurat = Must witness signing + administer oath/affirmation
- Acknowledgment = No witnessing or oath required
- Affirmations are the non-religious alternative to oaths
- Pre-signed documents cannot be used for jurats
- Always offer the signer a choice between oath and affirmation
A signer brings you a pre-signed affidavit and asks for a jurat. What should you do?
What is the primary difference between an oath and an affirmation?
For which notarial act must the notary witness the actual signing of the document?