3.3 Oaths and Affirmations
Key Takeaways
- An oath is a solemn verbal pledge to tell the truth, traditionally invoking a higher power; an affirmation is the secular equivalent
- Oaths and affirmations carry identical legal weight and the signer chooses which to take
- Both must be administered in person with a verbal, affirmative response from the person
- A false statement made under oath or affirmation exposes the person to perjury penalties
- Administering an oath is the verbal core of a jurat and of swearing in witnesses or affiants
Definition
An oath or affirmation is a notarial act in which the notary administers a solemn spoken vow that binds the person to tell the truth on penalty of perjury. It is a purely verbal act — there need not be a document at all (for example, swearing in a witness). When a document is involved, the oath becomes the verbal engine of a jurat (Section 3.4).
Oath vs. Affirmation
The only real difference is religious framing. The legal consequence is identical.
| Feature | Oath | Affirmation |
|---|---|---|
| Form of pledge | "I solemnly swear… so help me God" | "I solemnly affirm under penalty of perjury…" |
| Religious reference | Yes (invokes a higher power) | No (secular) |
| Legal weight | Full | Full — identical to an oath |
| Who chooses | The person taking it | The person taking it |
Exam trap: A notary may never force a religious oath on someone who objects. The person taking the vow chooses the form. Refusing to offer the secular affirmation option is improper. Both produce the same perjury exposure.
How to Administer an Oath or Affirmation
There is no required script in Connecticut, but the act must capture a knowing, audible commitment. A defensible procedure:
- Confirm identity and appearance. The person must be physically present (or, for RON, present by live audio-video).
- Have the person signify solemnity. Raising the right hand is traditional but not legally required — do not fail the act if a person cannot or will not raise a hand.
- State the vow clearly. Use plain, unambiguous language referencing truth and penalty of perjury.
- Obtain an affirmative verbal response. A nod is not enough — the person must answer audibly, e.g., "I do" or "Yes." A silent or evasive response means the oath was not properly administered.
Sample Wording
Oath (religious):
"Do you solemnly swear that the statements you are about to make (or that are contained in this document) are the truth, the whole truth, and nothing but the truth, so help you God?"
Affirmation (secular):
"Do you solemnly affirm, under penalty of perjury, that the statements you are about to make (or that are contained in this document) are true and correct?"
Legal Effect and Perjury
Once administered, the vow makes the person's statements legally binding. A willfully false statement made under a properly administered oath or affirmation is perjury, a crime in Connecticut. The notary does not judge whether the statements are true — the notary's role is to administer the vow correctly and certify that it occurred. If the affiant later lies, criminal liability falls on the affiant, not the notary, provided the notary followed proper procedure.
Worked scenario: A client refuses to swear "so help me God" on religious grounds. The notary offers the affirmation, the client answers "I affirm," and the statement carries the same perjury weight. The act is valid — forcing the religious version, or refusing service, would be the error.
Common Uses
| Use Case | Example |
|---|---|
| Affidavits | The sworn portion of a jurat |
| Depositions and testimony | Swearing in a witness before sworn statements |
| Government and benefit applications | Swearing information is true and complete |
| Office and oath-of-office ceremonies | Swearing in public officers (where authorized) |
Oath as the Core of a Jurat
The oath is not always a standalone act. When a document is involved, administering the oath is step three of a jurat (Section 3.4): the signer swears the contents are true, then signs in the notary's presence. This is why mastering oath administration matters even for notaries who rarely swear in live witnesses — most of their oaths will be embedded inside affidavit jurats. The certificate phrase "subscribed and sworn (or affirmed) before me" is the written record that the oath occurred.
Common Oath Administration Errors
The exam frequently tests procedural failures. Memorize these:
| Error | Why It Invalidates the Act |
|---|---|
| Accepting a silent nod | No audible affirmative response means no completed oath |
| Forcing a religious oath on an objector | The person chooses the form; refusal is improper |
| Administering the oath after the document is signed and the person leaves | The vow must be made while the person is present |
| Failing to reference truth or penalty of perjury | The vow lacks the substance that makes it binding |
| Telling the person an affirmation is "weaker" | Both are legally identical; the statement is false |
Worked scenario: A notary swears in a witness for a deposition. The witness raises a right hand, the notary recites the truth vow, and the witness answers "I do." The act is complete and verbal — no document is required, and the witness's later sworn testimony carries perjury exposure. If the witness had only nodded, the oath would not have been validly administered.
Capacity and the Oath
Just as with other acts, the person taking an oath must be competent and aware. A notary who senses confusion, intoxication, or coercion must decline to administer the oath. The oath's solemnity depends on the person understanding the commitment; a vow extracted from someone who cannot comprehend it is meaningless and improper. Identity must also be established first — you cannot meaningfully swear in a person you cannot identify."
A person declines to swear an oath that references God and asks for a non-religious alternative. What is the correct action for the notary?
A notary properly administers an oath, and the affiant later turns out to have lied in the sworn statement. Who bears the perjury liability?