3.2 Verifications on Oath (Jurats)
Key Takeaways
- A verification on oath or affirmation (the jurat) requires the signer to sign IN the notary's presence
- The notary administers a spoken oath or affirmation and the signer swears/affirms the statement is true
- RULONA renamed the old 'affidavit/jurat' as a 'verification on oath or affirmation'
- Omitting the verbal oath or affirmation invalidates the act - it cannot be done silently
- PA short form: 'Signed and sworn to (or affirmed) before me on (date) by (name(s)).'
What a Verification on Oath or Affirmation Is
A verification on oath or affirmation is the notarial act formerly known as the jurat (and the act that produces an affidavit). Under RULONA, the signer makes a sworn or affirmed declaration that a written statement is true. This is fundamentally different from an acknowledgment: here the notary certifies that the signer swore to the truth of the contents, not merely that a signature is genuine.
When taking a verification on oath, the notary must determine, from personal knowledge or satisfactory evidence, that (1) the individual has the identity claimed, and (2) the signature on the statement verified is the signature of that individual. The notary then administers an oath or affirmation.
The Two Defining Features
A verification on oath has two requirements an acknowledgment does not:
- The signer must sign in the notary's presence. A pre-signed document is not acceptable for a verification - the notary must observe the signing.
- A spoken oath or affirmation is mandatory. The notary must verbally administer it and the signer must respond. Completing the certificate without the verbal ceremony invalidates the act.
| Feature | Verification on Oath |
|---|---|
| Personal appearance | Required |
| Sign in notary's presence | Required |
| Oath or affirmation | Required (spoken aloud) |
| Identity verification | Required |
| What is certified | Signer swore the statement is true |
Oath vs. Affirmation
The signer chooses the form, and both carry the same legal weight under penalty of perjury:
- Oath - a solemn pledge that appeals to a Supreme Being (e.g., "Do you solemnly swear that the contents of this statement are true, so help you God?").
- Affirmation - a pledge on one's personal honor with no religious reference (e.g., "Do you solemnly affirm, under penalty of perjury, that the contents of this statement are true?").
The notary must offer the affirmation alternative; a signer cannot be forced to swear religiously.
Procedure
- Personal appearance of the signer before the notary.
- Identify the signer by personal knowledge, satisfactory evidence, or credible witness.
- Administer the oath or affirmation aloud - the signer must respond affirmatively ("I do").
- Watch the signer sign the statement in your presence.
- Complete the verification certificate, sign, date, and stamp. Maximum PA fee is $5.
RULONA Short-Form Certificate
Commonwealth of Pennsylvania, County of __________
Signed and sworn to (or affirmed) before me on __________ (date) by __________ (name(s) of individual(s) making statement).
[Notary signature] [Official stamp] [Title] [Commission expiration]
Note the words "sworn to (or affirmed)" - they signal that an oath ceremony occurred, distinguishing this certificate at a glance from an acknowledgment.
Common Exam Traps
- A verification certificate placed on a document without administering the verbal oath is a defective, voidable act.
- The signer cannot pre-sign; the signature must occur in front of the notary.
- "Verification on oath" is the RULONA name; "jurat" and "affidavit" describe the same act and result.
- Compare carefully with administering an oath/affirmation alone (no written statement), which is a separate notarial act.
Verification vs. Administering an Oath Alone
RULONA lists administering an oath or affirmation as its own distinct notarial act, separate from a verification on oath. The difference is whether a written statement is involved. When the notary swears in a witness who will testify orally, or swears a person who makes a verbal pledge, that is an oath/affirmation standing alone - there is no document to sign and the notary does not attach a verification certificate. A verification on oath, by contrast, always attaches the oath to a signed written statement (the affidavit) and is evidenced by the "Signed and sworn to (or affirmed)" certificate.
On the exam, watch for whether the scenario includes a document being signed: if yes and the signer swears to its truth, it is a verification; if there is only a spoken pledge, it is a free-standing oath or affirmation.
Why the Presence and Oath Rules Exist
The two strict requirements - signing in the notary's presence and a live oath - exist because a verification carries legal consequences for false statements. A person who lies in a verified statement can be prosecuted for perjury or unsworn falsification. The law therefore insists that the notary actually witness the signing and personally place the signer under the solemn obligation of an oath, so there is no doubt the signer knew they were swearing to the truth.
This is the practical reason a pre-signed affidavit cannot simply be "jurat-stamped": the chain connecting the signer, the live oath, and the signature must be unbroken and observed by the notary.
Recognizing a Verification on the Job
Documents that require a verification on oath usually announce themselves. Court filings, sworn financial disclosures, sworn applications, and statements intended as evidence are typical examples. When such language appears, the notary must run the full ceremony - identify the signer, watch them sign, and administer the oath or affirmation aloud - and then complete the "Signed and sworn to (or affirmed)" certificate. If the document instead says only "acknowledged," the notary must not improvise an oath; matching the act to the certificate language on the document is part of performing the correct act.
When a document is ambiguous, the notary may ask the signer or preparer which act is required.
What two elements distinguish a verification on oath from an acknowledgment?
A notary fills out and stamps a verification (jurat) certificate but never speaks the oath aloud. What is the status of the act?
Under RULONA, what was the verification on oath or affirmation previously called?