Oaths and Affirmations

Oaths and affirmations are notarial acts in which a person makes a solemn pledge to tell the truth. While oaths and affirmations are a component of jurats, they can also be performed as standalone notarial acts — without any accompanying document.

Definitions

Oath

A solemn pledge to tell the truth, made with reference to a supreme being or higher power:

"Do you solemnly swear that the testimony you are about to give is the truth, the whole truth, and nothing but the truth, so help you God?"

Affirmation

A solemn pledge to tell the truth, made without any religious reference:

"Do you solemnly affirm, under penalty of perjury, that the testimony you are about to give is the truth, the whole truth, and nothing but the truth?"

Legal Equivalency

Oaths and affirmations carry identical legal weight under the law. This principle is rooted in the First Amendment of the U.S. Constitution, which protects religious freedom. A person cannot be compelled to invoke a supreme being in order to provide sworn testimony.

Key Principle: A notary must NEVER refuse to administer an affirmation in place of an oath. Doing so could violate the individual's constitutional rights and the notary's duty of impartiality.

Standalone Oaths and Affirmations

When administered as standalone notarial acts (without a document), oaths and affirmations are commonly used for:

• Swearing in witnesses at depositions, hearings, or trials
• Administering the oath of office to elected or appointed officials
• Swearing in jurors for grand jury or trial service
• Verifying verbal testimony when a written document is not involved
• Insurance investigations where verbal statements are taken under oath

Procedure for Standalone Oaths/Affirmations

1. Person appears before the notary
2. Notary identifies the person (if required by state law)
3. Notary administers the oath or affirmation verbally
4. Person responds affirmatively ("I do" or "I swear/affirm")
5. Notary records the act in their journal (if required)

Note: Because there is no document involved, the notary does not affix a seal or stamp. The journal entry serves as the official record of the act.

Elements of a Proper Oath or Affirmation

A properly administered oath or affirmation must include all of the following elements:

1. Solemnity — The pledge must be administered in a serious and formal manner
2. Verbal administration — The notary must speak the oath/affirmation aloud
3. Verbal response — The person must respond affirmatively out loud
4. Specificity — The oath should reference what is being sworn to (the document, the testimony, etc.)

What is NOT sufficient:

• A silent nod or gesture
• A written statement that the person "agrees to tell the truth"
• The notary simply stamping a document without administering the verbal oath
• Asking "you swear?" without the full, formal wording

Sample Oath and Affirmation Wording

For a Jurat (Document)

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?"

For Witness Testimony

Oath: "Do you solemnly swear that the testimony you are about to give is the truth, the whole truth, and nothing but the truth, so help you God?"

Affirmation: "Do you solemnly affirm that the testimony you are about to give is the truth, the whole truth, and nothing but the truth?"

For Oath of Office

Oath: "Do you solemnly swear that you will faithfully discharge the duties of the office of [title], so help you God?"

Affirmation: "Do you solemnly affirm that you will faithfully discharge the duties of the office of [title]?"

On the Exam

Key points tested about oaths and affirmations:

• Legally equal — oaths and affirmations have identical legal force
• Verbal requirement — must be spoken aloud, not implied or written only
• Signer chooses — the person has the right to choose oath or affirmation
• Constitutional basis — First Amendment protects the right to affirm
• Can be standalone — no document is required for an oath/affirmation
• Perjury applies — false statements under either are perjury