3.4 Administering Oaths and Affirmations

A Power Beyond Documents

Montana notaries are empowered to administer oaths and affirmations — not only as part of a jurat, but as standalone verbal acts with no document at all. An oath is a solemn pledge invoking a deity; an affirmation is the secular equivalent. RULONA treats them as legally identical, and both place the speaker under penalty of perjury for falsehood.

Oath vs. Affirmation at a Glance

When Notaries Administer Them

How to Administer an Oath

The notary may ask the person to raise their right hand (traditional but not legally required), then states aloud:

"Do you solemnly swear that [the testimony you give / the statements in this document] are true, so help you God?"

The person must respond affirmatively — "I do" or "Yes." A silent nod is insufficient.

How to Administer an Affirmation

"Do you solemnly affirm, under penalty of perjury, that [the testimony you give / the statements in this document] are true?"

Again, the person responds "I do" or "Yes."

Core Requirements

1. Personal appearance — the person is present before the notary.
2. Identity verification — required when an oath accompanies a document; good practice always.
3. Verbal affirmative response — the ceremonial heart of the act.
4. Journal entry — record the act even when no document exists.

Standalone Oaths Without a Document

A notary may administer an oath with no paper at all. Classic examples:

• Swearing a witness before a deposition or hearing
• Administering an oath of office to an incoming official
• Recording any verbal declaration under oath

Even without a document, log the standalone oath: date, time, the person's name, the purpose, and the fee charged (if any).

Common Traps

• Skipping the verbal exchange. An oath that is never spoken aloud was never administered.
• Assuming a document is required. Standalone oaths are fully valid.
• Pressuring a choice. Never steer someone toward an oath or an affirmation.

Two Settings: With a Document and Without

It is worth separating the two contexts in which a notary administers an oath. The first is inside a jurat, where the oath is one of five elements attached to a written document the signer swears is true. The second is the standalone oath, where there is no paper at all — the notary simply places a person under a sworn obligation to tell the truth. Both settings invoke identical perjury exposure, but the standalone oath is easy to overlook because notaries associate their work with stamping documents. Montana law clearly authorizes the paperless version, and exam questions often test whether candidates know a document is unnecessary.

Worked Example: Swearing a Deposition Witness

A court reporter asks you to swear in a witness before a recorded deposition. There is no document to notarize — just the witness's testimony. You confirm the witness is present, ask whether they prefer an oath or affirmation, and state: "Do you solemnly affirm, under penalty of perjury, that the testimony you are about to give will be the truth?" The witness answers "I do." You then log a journal entry: date, time, the witness's name, the purpose ("oath for deposition testimony"), and any fee. This is a complete, valid standalone act even though nothing was signed or stamped.

Oath of Office Scenario

A newly elected county official needs to be sworn in. You administer the oath of office, the official responds affirmatively, and — if the jurisdiction requires it — you complete a written oath-of-office certificate the official signs. The verbal exchange remains the legally operative step; the paper merely memorializes it.

Quick Reference: Oath vs. Affirmation Wording

Common Pitfalls With Verbal Acts

New notaries often forget that the response is mandatory — a nod, silence, or a mumbled aside does not complete the act. They also sometimes skip journaling because "nothing was signed," but Montana best practice records every act, document or not. Finally, never pressure a person toward one form; offering the choice neutrally is part of doing the act correctly.

Exam Focus

• Oaths and affirmations are legally equal; the person chooses.
• A standalone oath needs no document and is fully valid.
• A verbal affirmative response is mandatory; raising the hand is optional.
• Journal every oath, including paperless ones such as swearing a witness.