1.3 Jurats (Verification on Oath or Affirmation)
Key Takeaways
- A jurat requires the signer to sign the document in the notary's presence AND take an oath or affirmation
- The signer swears or affirms that the contents of the document are true and correct
- Jurats are used for affidavits, depositions, sworn statements, and other documents requiring truthfulness
- The notary must administer the oath or affirmation BEFORE or AT the time of signing
- Making a false statement under a jurat constitutes perjury
Jurats (Verification on Oath or Affirmation)
A jurat — also called a "verification on oath or affirmation" — is a notarial act in which the signer swears or affirms that the contents of a document are true and correct, signs the document in the notary's presence, and the notary certifies the act.
The jurat is the second most common notarial act after the acknowledgment, and it is fundamentally different in purpose and procedure.
The Two Mandatory Requirements
A jurat has TWO requirements that distinguish it from an acknowledgment:
Requirement 1: The Signer Must Sign in the Notary's Presence
Unlike an acknowledgment, where the signer can sign beforehand, the signer MUST sign (or "subscribe") the document in the notary's physical presence. This ensures the notary witnesses the actual act of signing.
Requirement 2: The Notary Must Administer an Oath or Affirmation
The signer must take an oath (a solemn pledge invoking a supreme being) or an affirmation (a solemn pledge without religious reference) that the statements in the document are true and correct.
Both requirements must be met. A jurat without an oath/affirmation or without signing in the notary's presence is incomplete and potentially invalid.
Legal Significance
The jurat carries significant legal weight because:
- The signer is placed under penalty of perjury — making knowingly false statements is a criminal offense
- The document is given the status of sworn testimony, which can be relied upon by courts
- The notary certifies not just the identity of the signer but that they took an oath regarding the document's truthfulness
Step-by-Step Procedure
- Signer personally appears before the notary with the unsigned document
- Notary identifies the signer using acceptable methods
- Notary assesses the signer for willingness and awareness
- Notary administers the oath or affirmation:
- Oath: "Do you solemnly swear that the statements in this document are true and correct, so help you God?"
- Affirmation: "Do you solemnly affirm, under penalty of perjury, that the statements in this document are true and correct?"
- Signer responds affirmatively ("I do" or "Yes")
- Signer signs the document in the notary's presence
- Notary completes the jurat certificate
- Notary affixes their official seal or stamp
- Notary signs the certificate
- Notary records the transaction in their journal
Oath vs. Affirmation
| Feature | Oath | Affirmation |
|---|---|---|
| Reference to deity | Yes — "so help you God" | No religious reference |
| Legal weight | Equal | Equal — carries same legal force |
| When to use | When signer prefers or does not object | When signer objects to religious references |
| Penalty for lying | Perjury | Perjury — same penalty |
Important: The signer has the right to choose between an oath and an affirmation. They carry identical legal weight. A notary must NEVER refuse to provide an affirmation or insist on an oath.
Common Jurat Certificate Wording
State of [State] County of [County]
Subscribed and sworn to (or affirmed) before me on this ___ day of _____, 20, by [Signer Name], proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
[Notary Signature] [Notary Seal]
The key phrase is "subscribed and sworn to" — this indicates a jurat, not an acknowledgment.
When Jurats Are Required
Jurats are typically required for:
| Document Type | Why a Jurat Is Needed |
|---|---|
| Affidavits | Sworn statements of fact for legal proceedings |
| Depositions | Testimony given under oath outside of court |
| Sworn financial statements | Income, asset, and liability declarations |
| Immigration forms | Certain USCIS forms require sworn declarations |
| Insurance claims | Sworn proof-of-loss statements |
| Court filings | Various sworn documents required by courts |
Common Mistakes to Avoid
- Forgetting to administer the oath/affirmation — This is the most common jurat error and can invalidate the notarization
- Allowing the signer to sign before appearing — The signature MUST occur in the notary's presence
- Using acknowledgment certificate wording — Jurat and acknowledgment certificates are different
- Not offering an affirmation option — Signers have the RIGHT to choose an affirmation over an oath
- Skipping the verbal oath — A silent nod or written statement is NOT sufficient; the oath must be administered verbally
On the Exam
Jurats are heavily tested, especially in comparison to acknowledgments:
- Two key requirements: Sign in presence + oath/affirmation
- "Subscribed and sworn to" = jurat language
- Oath and affirmation are legally equal — signer chooses
- Perjury risk: False statements under jurat = perjury
- Must be administered verbally — cannot be implied or assumed
What are the TWO mandatory requirements for a jurat that distinguish it from an acknowledgment?
Which phrase in a notarial certificate indicates a jurat was performed?
A signer asks for an affirmation instead of an oath for religious reasons. The notary should:
What is the legal consequence of making a false statement in a document notarized with a jurat?