3.2 Jurats, Oaths, and Affirmations
Key Takeaways
- A jurat requires the signer to take an oath or affirmation AND sign the document in the notary's presence
- The notary must administer the oath or affirmation orally and the signer must respond aloud — nodding or silence is not valid
- An oath invokes a higher power; an affirmation is a secular, equally binding promise to tell the truth
- A false statement made under a jurat exposes the signer to a Texas perjury or aggravated-perjury charge
- Jurats are used for affidavits, sworn declarations, depositions, and verifications
What a Jurat Is
A jurat is a notarial act in which the signer (1) personally appears, (2) is identified, (3) takes an oath or affirmation that the statements in the document are true, and (4) signs the document in the notary's presence. The certificate the notary completes — the line beginning "Subscribed and sworn to (or affirmed) before me" — is itself called the jurat. Because a jurat puts the signer's truthfulness on the line, it is the more formal of the two everyday acts.
| Element | Requirement | Differs from acknowledgment? |
|---|---|---|
| Personal appearance | Signer present (in person or live A/V for RON) | Same |
| Identity verification | Personal knowledge or satisfactory evidence | Same |
| Oath / affirmation | Notary administers orally | Yes — none for acknowledgment |
| Signature in presence | Signer signs while you watch | Yes — not required for acknowledgment |
| Verbal response | Signer answers aloud | Yes — silence invalidates the oath |
Jurat vs. Acknowledgment Side by Side
| Acknowledgment | Jurat | |
|---|---|---|
| Oath administered? | No | Yes |
| Signature timing | May pre-date appearance | Must sign in your presence |
| What you certify | Signer admits the signature | Signer swears contents are true |
| Key certificate words | "Acknowledged before me" | "Subscribed and sworn to before me" |
| Typical use | Deeds, POAs | Affidavits, sworn statements |
Administering the Oath or Affirmation
The oath must be spoken aloud by you, and the signer must answer aloud. A silent ceremony is no ceremony at all — if challenged in court, an oath that was never verbally given and accepted can void the affidavit.
Oath (invokes a higher power)
"Do you solemnly swear that the statements contained in this document are true and correct, so help you God?"
Affirmation (secular, equally binding)
"Do you solemnly affirm, under penalty of perjury, that the statements contained in this document are true and correct?"
A signer who objects to swearing on religious grounds has the right to affirm instead; the affirmation carries the same legal weight and the same perjury exposure. Never pressure a signer toward one form.
Acceptable vs. unacceptable responses
| Valid response (spoken) | Invalid response |
|---|---|
| "I do" | A nod |
| "Yes" | Silence |
| "I swear" / "I affirm" | A thumbs-up |
| "I solemnly affirm" | A note passed on paper |
Documents That Require a Jurat
| Document | Why a jurat |
|---|---|
| Affidavit | A written statement sworn to be true |
| Sworn declaration | Court filings, immigration forms |
| Deposition | Sworn testimony recorded for litigation |
| Verification | A party swears a pleading's facts are true |
| Application under oath | E.g., certain license or benefit forms |
Standalone Oaths
A Texas notary may also administer an oath with no document at all — swearing in a deposition witness, administering an oath of office to a public official, or putting a witness under oath verbally. The act is still recorded in your journal, and the same fee category (administering an oath or affirmation) applies.
Step-by-Step Jurat Procedure
- The signer personally appears and you verify identity.
- Administer the oath aloud: "Do you swear (or affirm) that the statements in this document are true and correct…?"
- The signer responds aloud ("I do"). A nod is not enough — this is the step that fails most exam questions.
- The signer signs the document in front of you. If it is already signed, the signer must re-sign or sign anew while you watch.
- Complete the jurat certificate, fill in the county and date in ink, then sign and seal.
- Record the act — noting that an oath/affirmation was administered — in your journal.
Sample Texas Jurat Certificate
STATE OF TEXAS COUNTY OF __________
Subscribed and sworn to (or affirmed) before me on this ___ day of ____, 20, by __________.
__________ Notary Public, State of Texas
Perjury: The Real Stakes
When a signer swears or affirms to a false material statement, the signer — not the notary — may be charged under the Texas Penal Code with perjury (a Class A misdemeanor) or aggravated perjury (a third-degree felony when the lie is made during an official proceeding and is material). You are never responsible for whether the contents are true. Your liability attaches only to the notarial act: that the signer appeared, that you actually administered the oath, and that the signer signed in your presence. Performing a jurat without giving the oath — "surprise notarizations" of mailed-in affidavits — is a classic disciplinary violation.
On the Exam
- A jurat requires both an oath/affirmation and signing in the notary's presence; missing either makes it not a jurat.
- The signer must answer aloud; nodding, silence, or writing the answer does not satisfy the oath.
- Oath and affirmation are legally equivalent; the only difference is the reference to a higher power.
- The notary certifies the act, never the truth of the document; perjury liability falls on the signer.
What two requirements set a jurat apart from an acknowledgment in Texas?
A signer being sworn for an affidavit nods when asked the oath question but says nothing. What should the Texas notary do?