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3 rules for Notaries giving an oath to a signer

A person lifting right hand to swear an oath

Updated 4-4-23. An oath or affirmation has important legal consequences and should never be treated lightly by Notaries. When someone takes an oath or affirmation before you, always follow these three rules of behavior: 

1. Respect individual beliefs and choices
2. Do not joke or behave frivolously during an oath or affirmation
3. Use appropriate ceremonial gestures for the oath or affirmation

1. Respect individual beliefs and choices

Depending on personal beliefs, an individual may choose to take an oath (a promise to a higher power) or an affirmation (a promise made on personal honor). Both are equally acceptable. You should ask what the person prefers before proceeding and use appropriate phrasing and gestures for whichever act is appropriate (see #3 below). 

2. Do not joke or behave frivolously during an oath or affirmation

An oath or affirmation is a solemn promise to tell the truth and can result in criminal punishment if the oath-taker or affirmant is found to have lied. Always behave professionally and treat the process seriously from beginning to end. If the oath-taker or affirmant does not appear to be taking themselves seriously, remind them that they are making a promise with important consequences.

3. Use appropriate ceremonial gestures for the oath or affirmation

To impress upon the oath-taker or affirmant the importance of truthfulness, the Notary is encouraged to lend a sense of ceremony and formality to the procedure. During the administration of the oath or affirmation, it’s traditional for both the Notary and the person taking the oath or affirmation to raise their right hands, though this is not a legal requirement in most states. If administering the oath, the oath-taker may place one hand on an appropriate religious text while raising the other in a pledging gesture if the oath-taker wishes. For an affirmation, it is traditional to raise the right hand in a pledging gesture or place the hand over the heart.

Other state requirements

Individual states may have other rules for oaths and affirmations. Always check your state laws for any additional requirements when administering an oath or affirmation. 

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Related Articles:

A Notary's guide to oaths and affirmations

Notary essentials: The difference between acknowledgments and jurats


Additional Resources:

How to administer an oath or affirmation


14 Comments

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David Nixon

16 Apr 2018

Why do I need to do this verify page just in order to read an article?

National Notary Association

16 Apr 2018

Hello. All articles should be available for the public to read with no login or verification requirements. If you can please contact us at social@nationalnotary.org and let us know what type of device you are using and what you are seeing when you try to read the article, we will try to assist you in resolving the problem.

patricia a adams

16 Apr 2018

Why do I have to keep doing this? Is this information top secret? Very aggravating.

National Notary Association

16 Apr 2018

Hello. All articles should be available for the public to read with no login or verification requirements. If you can please contact us at social@nationalnotary.org and let us know what type of device you are using and what you are seeing when you try to read the article, we will try to assist you in resolving the problem.

Kim Beck

16 Apr 2018

In the State of Texas, can you please explain the rules and process regarding for completing acknowledgements or jurats via webcam? Is the effective date for webcam signatures still July 1, 2018?

National Notary Association

17 Apr 2018

Hello. Yes, House Bill 1217 takes effect in Texas on July 1, 2018. For information about online notarization procedures under this new law, please see the following links: https://www.nationalnotary.org/notary-bulletin/blog/2017/06/two-states-approve-webcam-notarization#Texas and https://www.nationalnotary.org/knowledge-center/news/law-updates/tx-house-bill-1217

John Mcelhenny

11 May 2018

After a notarization the client would like to have copies is it OK to leave copies after notarization with the client

National Notary Association

11 May 2018

Hello. Can you please clarify what document the signer wants copies of?

Lee Choi khenong

02 Mar 2019

Can a person after obtaining a service. Demand an OaTh or affirmation under notary that the service was provided was done in a certain manner which was not part of the condition before it was performed. Has the provider has the right to refuse and does the purchase has the right to refuse without this performance?

National Notary Association

04 Mar 2019

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

Esthela Soto

02 Jun 2020

Hi, Can I administer an oath via webcam or Zoom? and if so, can it be done to multiple individuals at the same time? Thank you!

National Notary Associaton

02 Jun 2020

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

Donna Roseland

29 Jul 2020

I need to notarize an oath by Notary Public with acceptance of office and they have brought me the form, do I also need to administer this verbally and if so is this 2 charges or 1.

National Notary Association

31 Jul 2020

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation. The NNA Hotline: 1-888-876-0827 Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT) Saturday: 5:00 a.m. – 5:00 p.m. (PT) If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

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