3.3 Oaths, Affirmations, and Jurats

Oath vs. Affirmation

Both an oath and an affirmation are spoken pledges that what a person is about to say or has written is true. The distinction is solely whether a higher power is invoked. Under Maine law and the U.S. Constitution, the two are legally equivalent — false statements under either expose the declarant to the same perjury penalties.

The choice belongs entirely to the individual. A notary must never ask about religion or steer the person toward one form. If asked, the notary may explain that both are equally valid and let the person decide.

Sample Wording

• 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 the penalties of perjury, that the statements in this document are true and correct?"

The individual must give an audible affirmative response such as "I do" or "Yes." Silence or a nod is insufficient.

What a Jurat Is

A jurat, called a verification on oath or affirmation in RULONA, is a single notarial act bundling two requirements:

1. The notary administers an oath or affirmation to the individual; and
2. The individual signs the document in the notary's presence, swearing or affirming the contents are true.

The jurat is the correct act for any document where the maker must vouch for the truth of the contents — the certificate typically recites "subscribed and sworn to."

Jurat vs. Acknowledgment

Step-by-Step Jurat Procedure

1. Confirm personal appearance and the document is unsigned.
2. Verify identity by personal knowledge or satisfactory evidence.
3. Administer the oath or affirmation — obtain an audible "I do."
4. Watch the individual sign the document.
5. Complete the jurat certificate contemporaneously.

Note the order: the oath comes before signing. Administering it after the document is signed defeats the purpose of swearing the signer to the contents.

Maine Short-Form Jurat (Title 4, §1917)

State of Maine County of ___________

Signed and sworn to (or affirmed) before me on _________ [date] by _________ [name(s) of individual(s) making statement].

_________________________ [Signature of notarial officer] [Stamp, if any] Title: Notary Public, State of Maine My commission expires: _________

Documents Requiring Jurats

The Pre-Signed Jurat Problem

Because a jurat demands signing in the notary's presence, a document the person already signed cannot simply be stamped. The accepted fix: have the individual line through the existing signature, administer the oath or affirmation, then have them sign anew while you watch. The fresh signature is what the jurat certifies. Do not perform an acknowledgment as a workaround — an acknowledgment includes no oath and the document specifically calls for sworn verification.

Standalone Oaths and Affirmations

Not every oath is attached to a document. RULONA lists administering an oath or affirmation as its own notarial act. A Maine notary may swear in a witness, an interpreter, or a newly appointed official with no paper to sign at all. In that case there is no signature and no jurat certificate — the notary simply administers the spoken pledge and, if asked, may issue a certificate reciting that the oath was given. This is the act used, for instance, when a deponent is sworn before testifying.

Penalties for False Swearing

The legal force of both oaths and affirmations rests on the crime of perjury. When an individual swears or affirms to a statement they know to be false, they commit perjury and may face criminal prosecution. The notary's role is to make the solemnity of that moment unmistakable — a clearly stated oath, an audible response, and the signer's understanding that they are bound by penalty of law. A mumbled formality or a skipped oath weakens the document's evidentiary value and may render the jurat defective.

Quick Reference: Choosing and Administering

Common Traps

• Skipping the oath because the signer is in a hurry — a jurat without an administered oath is invalid.
• Choosing for the signer — never select oath versus affirmation on the signer's behalf.
• Swearing after signing on a fresh jurat — administer the pledge before the signature is made.
• Accepting a silent nod — the law contemplates a verbal, affirmative response to the oath or affirmation.