2.2 Oaths, Affirmations & Jurats

Section 486.640 lists oaths and affirmations and jurats as separate notarial acts. An oath or affirmation can stand alone (for example, swearing in a witness or an official) or be one part of a jurat on an affidavit. Both turn a statement into one made on penalty of perjury.

Oath Versus Affirmation

Because the two are legally equivalent, the person taking the vow chooses which one to make. A notary should simply ask: "Would you prefer to swear or to affirm?" An affirmation must avoid the word "swear"; "Do you solemnly affirm..." is the usual phrasing.

Example wording (not prescribed by statute):

• Oath: "Do you solemnly swear that the statements in this document are true to the best of your knowledge and belief, so help you God?"
• Affirmation: "Do you solemnly affirm, under penalty of perjury, that the statements in this document are true to the best of your knowledge and belief?"

The person must answer aloud ("I do"). A nod or a signature alone is not a vow.

The Jurat

Section 486.600(9) defines a jurat as a notarial act in which an individual, at a single time and place:

1. appears in person before the notary and presents a document;
2. is personally known to the notary or identified through satisfactory evidence;
3. signs the document in the presence of the notary; and
4. takes an oath or affirmation from the notary vouching for the truthfulness or accuracy of the signed document.

The person who takes the oath is the affiant, and a sworn written statement signed by the affiant with a jurat is an affidavit (handbook glossary). "Jurat" comes from the Latin for "to swear."

Pre-Signed Affidavits

The handbook's "Other Notary Information" is direct: if a certificate states "Subscribed and sworn to/affirmed before me," the document must be signed in the presence of the notary, and an oath or affirmation must be administered. If the document is already signed when presented, the notary should ask the person to sign it again in the notary's presence.

The Statutory Jurat Certificate (Section 486.755)

State of Missouri
County (and/or City) of ________
On this ____ day of ______, 20__, before me, the undersigned notary,
personally appeared ________ (name of document signer),
  (personally known to me)
  (proved to me through identification documents, which were ________,)
  (proved to me on the oath or affirmation of ________ ...)
  (proved to me on the oath or affirmation of ____ and ____ ...)
to be the person who signed the preceding or attached document in my
presence and who swore or affirmed to me that the contents of the document
are truthful and accurate to the best of (his)(her) knowledge and belief.
________ (official signature and seal of notary)

The short handbook form, "Subscribed and sworn to before me this ___ day of ___ in the year ___," is also common and acceptable under Section 486.740.2. A remote online jurat adds "personally appeared by remote online means" (Section 486.1175.1).

Acknowledgment Compared With Jurat

The handbook's absentee ballot procedure is a jurat: the notary watches the voter sign the envelope and completes the jurat on it, and no fee may be charged (Section 5.2).

Who Else May Administer Oaths

Section 492.010 RSMo gives every court and judge, every clerk of a court, notaries public, certified court reporters, and certified shorthand reporters the power to administer oaths and affirmations and to take affidavits and depositions within their jurisdictions. The handbook notes the court reporter authority specifically.

Fees for Oaths

Section 486.685.2 caps a jurat at $5 per signature. The statute does not list a separate fee for an oath or affirmation given on its own, and the handbook states that the maximum fee for any other notarial act is $5.

Exam Scenarios

• Religious objection. An affiant says she will not "swear." The notary administers an affirmation, which has the same legal effect and does not use the word swear or invoke a deity.
• Already signed. A man presents an affidavit he signed in his car. The notary has him sign it again in the notary's presence, administers the oath or affirmation, and completes the jurat.
• Silent affiant. A signer refuses to answer the oath question aloud but wants the jurat anyway. Without the oath or affirmation, there is no jurat; the notary must decline.