1.4 Oaths and Affirmations

What Oaths and Affirmations Are

An oath and an affirmation are notarial acts in which a person makes a solemn, spoken pledge to tell the truth. They are the truthfulness step inside every jurat, but they can also be performed standalone — as a complete notarial act with no document attached. The Revised Uniform Law on Notarial Acts lists "administering an oath or affirmation" as its own authorized act for exactly this reason.

Oath

A pledge made with reference to a supreme being or higher power:

"Do you solemnly swear that the testimony you are about to give is the truth, the whole truth, and nothing but the truth, so help you God?"

Affirmation

A pledge of equal solemnity made with no religious reference:

"Do you solemnly affirm, under penalty of perjury, that the testimony you are about to give is the truth, the whole truth, and nothing but the truth?"

Legal Equivalency and Its Constitutional Basis

Oaths and affirmations carry identical legal weight. This is not a courtesy — it is rooted in the First Amendment, which protects religious freedom, and is reinforced by Article VI of the Constitution, which permits "oath or affirmation" for federal officeholders. No one may be compelled to invoke a deity to give sworn testimony.

Key principle: a notary must never refuse to administer an affirmation in place of an oath. Doing so risks violating the person's constitutional rights and breaches the notary's duty of impartiality.

Standalone Uses

When there is no document, oaths and affirmations are commonly administered to:

• Swear in witnesses at depositions, hearings, or trials
• Administer an oath of office to elected or appointed officials
• Swear in jurors for grand jury or trial service
• Take verbal sworn testimony when nothing is in writing
• Place a person under oath in an insurance investigation before a recorded statement

Procedure for a standalone oath or affirmation

1. The person appears before the notary.
2. The notary identifies the person (if state law requires it).
3. The notary administers the oath or affirmation verbally.
4. The person answers aloud — "I do" or "I swear/affirm."
5. The notary records the act in the journal where required.

No seal is affixed. Because there is no document to stamp, the journal entry is the official record of a standalone oath. This is a frequent exam trap — there is nothing to seal.

Elements of a Proper Oath or Affirmation

A validly administered pledge has four elements:

1. Solemnity — delivered seriously and formally, not casually.
2. Verbal administration — the notary speaks the pledge aloud.
3. Verbal response — the person answers aloud and affirmatively.
4. Specificity — the pledge identifies what is being sworn to (the document, the testimony about to be given, the duties of an office).

What is NOT sufficient

• A silent nod, thumbs-up, or other gesture
• A written statement that the person "agrees to tell the truth"
• Stamping a document without ever speaking the oath
• A vague "You swear?" without the full, formal wording

The exchange must be a real, two-way verbal act. If a signer cannot speak, state law and accommodation rules (e.g., a sign-language interpreter the signer selects) govern — but the notary may not simply skip the verbal element.

Sample Wording by Situation

For a jurat (truth of a document's contents)

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

For witness or deposition testimony

Oath: "Do you solemnly swear that the testimony you are about to give is the truth, the whole truth, and nothing but the truth, so help you God?" Affirmation: "Do you solemnly affirm that the testimony you are about to give is the truth, the whole truth, and nothing but the truth?"

For an oath of office

Oath: "Do you solemnly swear that you will faithfully discharge the duties of the office of [title], so help you God?" Affirmation: "Do you solemnly affirm that you will faithfully discharge the duties of the office of [title]?"

Oath Inside a Jurat vs. Standalone Oath

On the Exam

Remember: oaths and affirmations are legally equal; the pledge must be spoken and answered aloud; the signer chooses between oath and affirmation; the right to affirm has a First Amendment basis; the act can be standalone with no document; no seal is used when there is no document (the journal records it); and a false statement under either is perjury.