Key Takeaways

  • An oath invokes a supreme being; an affirmation does not
  • Both have the same legal effect
  • The person must raise their right hand for an oath
  • Affirmations are used when the person objects to swearing
  • False statements under oath or affirmation constitute perjury
Last updated: January 2026

Oaths and Affirmations

A notary public is authorized to administer oaths and affirmations. Understanding the difference and proper administration is essential.

Oath vs. Affirmation

FeatureOathAffirmation
Invokes higher powerYes - "So help me God"No
Hand raisedYes (traditional)Optional
Legal effectBindingSame as oath
When usedStandard choiceWhen person objects to swearing
Perjury appliesYesYes

Administering an Oath

The traditional oath requires:

  1. Person raises right hand
  2. Notary asks: "Do you solemnly swear that the contents of this affidavit/document are true, so help you God?"
  3. Person responds: "I do" or "Yes"

Sample Oath Wording

"Do you solemnly swear that the statements in this document are true and correct to the best of your knowledge and belief, so help you God?"

Administering an Affirmation

For those who object to swearing an oath (religious or personal reasons):

  1. Person may or may not raise hand
  2. Notary asks: "Do you solemnly affirm that the contents of this document are true?"
  3. Person responds: "I do" or "Yes"

Sample Affirmation Wording

"Do you solemnly, sincerely, and truly declare and affirm that the statements in this document are true and correct?"

Affidavits and Jurats

An affidavit is a written statement made under oath. A jurat is the notarial certificate attached to an affidavit.

Key Differences from Acknowledgment

FeatureAcknowledgmentJurat (Oath/Affirmation)
SigningCan be done beforehandMust sign in notary's presence
Sworn statementNo oath requiredOath or affirmation required
PurposeVerify signatureVerify truthfulness of content
Witness signingNot requiredRequired

Critical Distinction: For a jurat, the person MUST:

  1. Sign the document IN FRONT of the notary
  2. Take an oath or affirmation about the truthfulness of the content

Jurat Certificate

State of New York    )
                     ) ss.:
County of _________  )

Sworn to (or affirmed) before me this ___ day of _________, ____.

_______________________________
Notary Public

Perjury

False statements made under oath or affirmation constitute perjury — a criminal offense.

OffenseConsequence
Perjury (intentional false statement under oath)Felony in New York
Making a false written statementCriminal offense

The notary should ensure the affiant understands the seriousness of making a sworn statement.

On the Exam

Expect 2-3 questions on oaths and affirmations:

  • Equal legal effect: Both equally binding
  • Affirmation purpose: For those who object to religious oath
  • Jurat requires: Signing in notary's presence + oath
  • Perjury: False statement under oath is a crime
Test Your Knowledge

What is the legal difference between an oath and an affirmation?

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Test Your Knowledge

For a jurat, must the person sign the document in the notary's presence?

A
B
C
D