2.2 Jurats, Oaths & Affirmations

2.2 Jurats, Oaths & Affirmations

A jurat—statutorily referred to in Illinois as a verification upon oath or affirmation—is a notarial act in which an individual vows under oath or affirmation that the statements contained in a document are true and correct. Performing a jurat requires the notary public to administer a formal verbal oath or affirmation to the principal and witness the principal physically or electronically sign the document. Jurats are required for legal instruments where truthfulness under penalty of perjury is mandatory, such as court affidavits, depositions, applications, and financial disclosures.

Statutory Definition & Mandatory Requirements (5 ILCS 312/6-101)

Under 5 ILCS 312/6-101, a verification upon oath or affirmation means a declaration that a statement is true made by a person upon oath or affirmation before a notary public.

For a notary public to lawfully perform a jurat, four mandatory elements must occur in strict sequence:

1. Personal Appearance: The principal signer must personally appear before the notary public.
2. Identity Verification: The notary must confirm the principal's identity through satisfactory evidence or personal knowledge.
3. Administration of Oath or Affirmation: The notary must verbally administer an oath or affirmation to the principal before the document is signed.
4. In-Person Signing: The principal MUST sign the document in the direct physical or approved remote presence of the notary public.

CRITICAL RULE FOR JURATS: If a client presents a document that has already been signed prior to appearing before the notary, the notary CANNOT simply complete a jurat. The notary must instruct the signer to sign the document a second time in the notary's presence, or execute a fresh copy, after taking the oath or affirmation.

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Oaths vs. Affirmations: Definitions and Legal Parity

Illinois law allows individuals to choose between an oath and an affirmation when executing a jurat or taking an oral pledge. Both forms carry identical legal weight and subject the maker to the exact same criminal penalties for perjury under Illinois law.

1. Oath

An oath is a solemn verbal pledge invoking a Supreme Being or higher power as a witness to the truth of the statements being made.

• Standard Verbal Wording: "Do you solemnly swear that the statements contained in this document are true and correct, so help you God?"
• Required Response: "I do."

2. Affirmation

An affirmation is a solemn, secular verbal pledge made on personal honor without invoking any deity. It is designed for individuals who have conscientious objections to taking oaths or who hold non-religious beliefs.

• Standard Verbal Wording: "Do you solemnly, sincerely, and truly affirm, under penalty of perjury, that the statements contained in this document are true and correct?"
• Required Response: "I do."

Comparative Summary: Oath vs. Affirmation

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Statutory Jurat Certificate Wording (5 ILCS 312/6-105)

Under 5 ILCS 312/6-105, the short-form certificate for a verification upon oath or affirmation (jurat) must contain specific statutory phrasing:

State of Illinois
County of __________

Subscribed and sworn to (or affirmed) before me on [Date] by [Name of Principal].

(Official Seal)
________________________________________
(Signature of Notary Public)
Notary Public, State of Illinois
My commission expires: [Date]

Key Components of the Jurat Certificate

• "Subscribed": Indicates that the document was signed in the presence of the notary.
• "Sworn to (or affirmed)": Proves that the notary administered a verbal oath or affirmation prior to signature.
• Venue & Date: Establishes the exact county and date where the oath was administered and signing occurred.
• Notary Seal & Signature: Authenticates the notarial act under official Illinois commission.

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Step-by-Step Execution Protocol for Jurats

1. Verify Personal Appearance: Confirm the principal is physically present or appearing via authorized Illinois Remote Notarization systems.
2. Validate Identification: Check valid state photo ID, passport, or driver's license.
3. Examine Document: Ensure all blanks are completed and the signature line is unsigned.
4. Administer Verbal Oath/Affirmation: Ask the principal to raise their right hand and read the verbal oath/affirmation aloud. The principal must answer audibly ("I do").
5. Witness Signing: Watch the principal physically or electronically sign the document.
6. Complete Certificate: Fill out venue, date, signer name, sign, and affix seal.
7. Log in Journal: Document the act, ID details, and time in your official notary journal.

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Perjury Penalties & Legal Consequences (720 ILCS 5/32-2)

Because a jurat involves a formal oath or affirmation regarding the truthfulness of document contents, making a false statement under oath before a notary public constitutes perjury under the Illinois Criminal Code (720 ILCS 5/32-2).

• Class 3 Felony: In Illinois, perjury is a Class 3 felony punishable by 2 to 5 years in state prison and substantial criminal fines.
• Notary Responsibility: The notary public does not guarantee that document statements are true from personal knowledge, but the notary's administration of the oath or affirmation creates the legal foundation required to prosecute fraudulent declarants for perjury.