A comprehensive manual for Notaries on administering oaths and affirmations
Written by Kelle Clarke, Latest Revision on October 28, 2024
An oath or affirmation represents a serious declaration with legal implications that can be undertaken before a Notary. Should a client wish to proceed with an oath or affirmation, here is what you should be aware of.
Understanding the Contrast between an Oath and an Affirmation
While both oaths and affirmations are notarial procedures that compel an individual to speak truthfully, an oath involves a solemn verbal commitment to God or a Supreme Being, whereas an affirmation is a spoken commitment based on the signer's personal integrity without mention of a higher authority. Both are deemed appropriate, and the decision rests with the signer.
Guidelines for Administering an Oath or Affirmation
When administering an oath or affirmation, adhere to the following steps:
Mandate the physical presence of the individual taking the oath or affirmation before you. Unless explicitly permitted by law, oaths and affirmations cannot be conducted remotely.
Request valid proof of identification as stipulated by state regulations from the individual. An oath or affirmation may form part of the notarial process of verification on oath or affirmation or jurat, necessitating the individual to sign the document containing the sworn statement. Confirming identity is a prerequisite for these notarial actions.
Instruct the individual to raise their right hand or perform another ceremonial gesture before responding, emphasizing the gravity of the procedure. While these ceremonial formalities are rarely mandatory by law, they serve to impress upon the signer the importance of their actions. Some signers — and even some Notaries — may treat the situation lightly, but this is not the appropriate time for humor. Maintain professionalism and be a role model in administering oaths and affirmations consistently, and your client will reciprocate.
Administer the oath or affirmation by inquiring whether the individual swears or affirms the veracity of their statement. The phrasing can be posed as a question or statement depending on your state's guidelines.
California provides the following phrasing for an oath or affirmation in question form:
For an oath: “Do you solemnly declare that the testimony you provide in this matter shall be the truth, the whole truth, and nothing but the truth, so help you God?”
For an affirmation: “Do you solemnly affirm, under penalty of perjury, that the testimony you provide in this matter shall be the truth, the whole truth, and nothing but the truth?” (Code of Civil Procedure 2094[a]).
Florida does not specify the format of the oath or affirmation, thus you may present the oath or affirmation as a question or statement. If presented as a question, a suitable oath for a jurat, verification, or affidavit could be: “Do you solemnly swear that the statements in this document are true to the best of your knowledge and belief, so help you God?”
Minnesota offers an oath form for affiants that can be utilized by Notaries notarizing signatures on affidavits: “You do swear that the statements of this affidavit, subscribed by you, are true, so help you God.” (MS 358.07[10])
For an affirmation, MS 358.08 allows the terms “swear” and “so help you God” in the aforementioned oath to be respectively replaced with “affirm” and “and this you do under the penalties of perjury.”
Texas provides the following wording for an oath or affirmation for an individual assuming public office in the form of a statement: “I _________ (affiant), do solemnly swear (or affirm) that I will faithfully execute the duties of the office of ____________, of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State (so help me God).”
Request the individual taking the oath or affirmation to respond with “Yes” or “I do” if the oath or affirmation is posed as a question, or have the individual repeat the oath or affirmation after you if it is in statement form. As the signer's response subjects them to perjury, it is crucial that the Notary clearly understands the signer's reply. Nods, “uh-huh,” or other ambiguous responses are inappropriate.
Recommendations for Conducting Oaths and Affirmations
Avoid Cutting Corners: If the document requiring notarization mandates an oath or affirmation, you must verbally administer it — even if the signer tries to rush you or evade it entirely.
Inquire, Don’t Advise: If a signer is uncertain about the differentiation between an oath and affirmation, you can provide the forms for each, but you are not authorized to recommend which one to choose; the decision lies with the signer.
Respect the Signer’s Decision: Given that oaths and affirmations hold equal legal weight, the Notary should respect the signer’s choice and utilize the appropriate wording and gestures.
Document in Your Journal: Carefully record each oath and affirmation you administer in your journal. Once you grasp the basics and have conducted several oaths and affirmations, the process will become second nature.
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