2.3 Jurats, Oaths, and Affirmations

The Two-Part Jurat

A jurat (Ohio defines it in ORC 147.011 and 147.542) is a notarial act with two mandatory components:

1. The signer gives an oath or affirmation that the statements in the document are true and correct, and
2. The signer signs the document in the presence of the notary.

Miss either component and it is not a jurat. HB 315 (effective April 4, 2025) made this explicit: a notary is prohibited from executing a jurat without administering an oath or affirmation to the signer. This is the single most reliable jurat exam fact.

The Spoken Oath or Affirmation

The notary must speak the words and the signer must respond. Ohio recognizes substantially these forms:

Oath: "Do you solemnly swear that the statements in this document are true, so help you God?"

Affirmation: "Do you affirm, under the penalties of perjury, that the statements in this document are true?"

The signer chooses oath or affirmation; both carry identical weight, and a false answer is perjury. A silent nod is not enough — the signer must verbally answer ("I do" or "I affirm").

Signature in the Notary's Presence

Unlike an acknowledgment, the jurat signature must be made while the notary watches. If the signer arrives with the document already signed, the proper response is to have them sign again in your presence (they may strike the old signature and re-sign). Refusing to notarize or simply administering the oath over a pre-existing signature both miss the rule.

Jurat vs. Acknowledgment

Jurat Certificate

A proper jurat certificate uses the sworn/affirmed language and carries the standard authentication elements:

State of Ohio, County of __________

Sworn to (or affirmed) and subscribed before me on this ____ day of _______, 20, by [signer name].

---

Notary Public, State of Ohio My Commission Expires: __________

Critical Rule: Match Certificate to Act

Ohio law forbids using a jurat certificate when no oath or affirmation was administered, and conversely forbids an acknowledgment certificate when an oath WAS administered. Mismatching the certificate:

• Produces an invalid notarization
• Constitutes notary misconduct
• Can trigger disciplinary action against the commission

Step-by-Step Jurat Procedure

1. Identify the signer (personal knowledge or government photo ID)
2. Administer the oath/affirmation aloud and obtain a verbal response
3. Watch the signer sign (or re-sign) in your presence
4. Complete the jurat certificate with the sworn/affirmed language
5. Affix your seal and record the act

Why the Oath Cannot Be Skipped

New notaries often treat the spoken oath as a formality and rush past it. The exam punishes this. The oath is what exposes the signer to perjury and gives the affidavit its evidentiary force in court; a jurat without an oath is a hollow certificate that misrepresents what occurred. That is why HB 315 codified the prohibition rather than leaving it to custom. If a signer refuses to swear or affirm — for instance, says "I'm not sure every line is true" — the notary must not complete the jurat. The notary cannot soften the oath, accept a qualified answer, or substitute an acknowledgment to get the document notarized.

Common Documents Requiring a Jurat

Knowing which documents typically need a jurat helps you pick the right act when a form has no pre-printed certificate:

By contrast, deeds, mortgages, leases, and powers of attorney almost always use acknowledgments, because the law cares that the right person signed willingly, not that they swore the contents are true. When in doubt, read the document's pre-printed certificate language: "sworn to" signals a jurat, "acknowledged" signals an acknowledgment.

Worked Scenario

An affidavit for a small-claims case arrives unsigned. You verify ID, ask "Do you affirm, under the penalties of perjury, that the statements are true?", the affiant answers "I affirm," then signs while you watch. You complete an "Affirmed to and subscribed before me" certificate. Had you used an acknowledgment form here, you would have committed misconduct despite doing everything else correctly. And had the affiant answered "most of it is true," you would have stopped — a hedged answer is not a valid oath.

On the Exam

• Two requirements: oath/affirmation AND signature in your presence
• HB 315 bars a jurat with no oath — heavily tested
• A pre-signed document means re-sign in your presence
• Never use a jurat certificate when no oath was given