4.3 Acknowledgments, Affidavits, and Oaths

Three Distinct Acts

The exam tests whether you can keep three notarial acts straight, because each has different formalities and a different legal effect.

Acknowledgments and the Private Act (CC Articles 1836-1837)

An act under private signature is a writing the parties make without a notary. Under CC Article 1836 it becomes proof against the parties once its signatures are proved — and one way to prove them is an acknowledgment before a notary. A duly acknowledged private act gains the evidentiary benefit of proving the signature, but it never becomes an authentic act. This distinction is heavily tested.

Acknowledged Private Act Is NOT an Authentic Act

An act under private signature, though acknowledged, cannot serve as an authentic act when the law prescribes that an act be authentic for validity.

The clearest example: a donation inter vivos of an immovable must be by authentic act for validity (CC Art. 1541). Merely acknowledging the donor's signature on a private donation does not satisfy that rule, so the donation is null. By contrast, a sale of an immovable is valid between the parties in private form and an acknowledgment is enough to make it recordable.

Affidavits and the Jurat

An affidavit is a written statement of facts the affiant swears to be true. The notary's certificate on an affidavit is a jurat — "Sworn to and subscribed before me on [date]." The procedure:

1. Verify the affiant's identity.
2. Administer the oath (or affirmation) — the affiant must respond affirmatively; a silent signature is not a sworn statement.
3. Watch the affiant sign.
4. Complete and sign the jurat with date and parish.

A false statement in an affidavit exposes the affiant to perjury under R.S. 14:123 (false swearing/perjury), punishable by imprisonment.

Oaths, Affirmations, and Statewide Jurisdiction

Under R.S. 35:2, a Louisiana notary has the power to administer oaths and affirmations, and this oath-taking power extends throughout the state, not just the parish of commission. Even a notary whose general authentic-act authority is limited to the commission parish (and the abutting parishes under reciprocity) can swear in a witness anywhere in Louisiana.

Oath vs. Affirmation

Both carry the same legal weight and identical perjury penalties — never offer one as "weaker."

Depositions and Verifications

Louisiana notaries enjoy unusually broad authority: they may take depositions, administer the oath to the deponent, and certify the testimony, and they may execute verifications (a sworn statement that the contents of a pleading are true). Many states reserve depositions to court reporters; Louisiana does not.

Choosing the Right Certificate

A frequent practical error is attaching the wrong certificate. An acknowledgment certificate states that the signer appeared and acknowledged signing the instrument; it is appropriate when the signer merely confirms a signature, as on a deed or contract. A jurat states the matter was sworn to and subscribed before the notary; it is required whenever the signer is vouching for the truth of the contents, as in an affidavit or verification. A notary must never staple a jurat onto a document the signer did not swear to, nor an acknowledgment onto a sworn statement.

On the exam, if the fact pattern says the signer "swore the statement is true," the answer involves an oath and a jurat, not an acknowledgment.

Identification and the Notary's Personal Knowledge

Before taking any acknowledgment or administering an oath, the notary must be satisfied of the signer's identity, either through personal knowledge or satisfactory evidence such as a current government photo identification. A notary who notarizes for an unidentified or impersonating signer risks civil liability and discipline. The notary must also confirm the signer appears to act voluntarily and with apparent capacity; a notary who proceeds despite obvious coercion or incapacity has failed a core duty. These competence-and-identity checks apply equally to acknowledgments, affidavits, and authentic acts.

Worked Scenario

A paralegal asks a notary commissioned only in Lafayette Parish to swear in a witness during a deposition in Baton Rouge (East Baton Rouge Parish). The notary may administer the oath, because R.S. 35:2 oath authority is statewide, even though the notary could not pass an authentic act there.

Common Traps

• Treating an acknowledged private act as the equivalent of an authentic act.
• Offering an affirmation as if it were legally weaker than an oath.
• Limiting oath authority to the commission parish — it is statewide.
• Attaching a jurat to a document the signer never swore to, or vice versa.