1.3 Jurats (Verification on Oath or Affirmation)

What a Jurat Is

A jurat — formally a verification on oath or affirmation under the Revised Uniform Law on Notarial Acts — is a notarial act in which a signer (1) signs the record in the notary's presence and (2) takes an oath or affirmation that the statements in it are true and correct, after which the notary certifies that both steps occurred. It is the second most common act after the acknowledgment and is fundamentally different in both purpose and procedure.

Where an acknowledgment is about who signed and whether it was voluntary, a jurat is about whether the signer swears the content is true. That sworn quality is what gives an affidavit its evidentiary value in court.

The Two Mandatory Requirements

A jurat is invalid if either step is skipped. Both must happen.

Requirement 1 — Sign in the notary's presence

The signer must subscribe (sign) the document while the notary watches. The signer may not present a pre-signed document, because the notary must witness the actual act of signing as part of the sworn process. This is the opposite of the acknowledgment rule.

Requirement 2 — Administer an oath or affirmation

The notary must administer either an oath (a solemn pledge invoking a supreme being) or an affirmation (a solemn pledge with no religious reference) that the statements in the document are true. The signer must answer aloud — "I do" or "I swear/affirm."

Why Jurats Carry Legal Weight

• The signer is placed under penalty of perjury; a knowingly false statement is a criminal offense.
• The document attains the status of sworn testimony that courts can rely on.
• The certificate documents not just identity but that an oath about truthfulness was taken.

Note the division of responsibility: if the statement is false, it is the signer — not the notary — who faces perjury charges. The notary's exposure is for failing to administer the oath or completing the certificate improperly.

Step-by-Step Procedure

1. The signer personally appears with the document unsigned.
2. The notary positively identifies the signer.
3. The notary confirms willingness and awareness.
4. The notary administers the oath or affirmation, e.g. "Do you swear (or affirm) that the statements in this document are true and correct?"
5. The signer answers aloud affirmatively.
6. The signer signs the document in the notary's presence.
7. The notary completes the jurat certificate.
8. The notary affixes the seal and signs.
9. The notary records the act in the journal.

Oath vs. Affirmation

Both satisfy the second requirement of a jurat. They are interchangeable in legal effect, and the signer — not the notary — chooses.

A notary must never refuse an affirmation or insist on an oath. The right to affirm is grounded in First Amendment religious freedom, and forcing an oath could violate the signer's rights and the notary's duty of impartiality.

Common Jurat Certificate Wording

State of [State] County of [County]

Subscribed and sworn to (or affirmed) before me on this ___ day of _____, 20, by [Signer Name], proved to me on the basis of satisfactory evidence to be the person who appeared before me.

[Notary Signature] [Notary Seal]

The trigger phrase is "subscribed and sworn to (or affirmed) before me." "Subscribed" confirms signing in your presence; "sworn to (or affirmed)" confirms the oath.

When a Jurat Is Required

A Worked Scenario

A borrower brings a signed affidavit of residency to a notary and asks for a jurat. Because the document is already signed, the notary cannot simply notarize it. The signer must sign again in the notary's presence (or initial a fresh signature line) so the witnessing requirement is met, then take the oath. If the borrower instead says, "I just need you to confirm I signed it," that request describes an acknowledgment, and the certificate wording on the document controls which act is correct. The notary administers the oath, watches the signing, and only then completes the "subscribed and sworn to" certificate.

Skipping the re-signature would make the jurat defective even if the oath was given.

Common Mistakes

1. Forgetting the oath. The single most frequent jurat error — and it invalidates the act.
2. Accepting a pre-signed document. The signature must occur in your presence.
3. Using acknowledgment wording. The certificates are not interchangeable.
4. Not offering an affirmation. The signer has the right to choose.
5. Treating a silent nod as the oath. The oath must be spoken and answered aloud.
6. Charging the signer to choose an affirmation. Accommodating an affirmation is a right, never an upcharge.
7. Notarizing a jurat by mail. The signer must appear and sign in front of you; remote jurats are valid only under Remote Online Notarization statutes.

On the Exam

Master the contrast with acknowledgments: a jurat needs signing in your presence and an oath/affirmation; the trigger phrase is "subscribed and sworn to"; oath and affirmation are legally equal and the signer chooses; a false sworn statement is perjury (charged to the signer); and the oath must be verbal, never implied.