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A Notary's guide to oaths and affirmations

Updated 5-30-2023. An oath or affirmation is a solemn declaration with legal consequences that can be made before a Notary. If one of your customers wishes to take an oath or affirmation, here is what you need to know.

Difference between an oath and an affirmation

While both oaths and affirmations are notarial acts that compel a person to tell the truth, an oath is a solemn, spoken pledge to God or a Supreme Being, while an affirmation is a spoken pledge made on the signer’s personal honor with no reference to a higher power. Either is considered acceptable, and the choice is left to the signer.

Steps to administer an oath or affirmation

When administering an oath or affirmation, follow these steps:

  1. Require the person taking the oath or affirmation to physically appear before you. Unless expressly authorized by law, oaths and affirmations may not be administered remotely.
  2. Ask the person for acceptable proof of identification as prescribed by state law. An oath or affirmation may be part of the notarial act of a verification on oath or affirmation or jurat requiring the individual to sign the document containing the sworn statement. Proving identity is a requirement for these notarial acts.
  3. Ask the person to raise their right hand or make another ceremonial gesture before responding, to emphasize the seriousness of the process. While these ceremonial formalities are seldom required by law, they have value in impressing upon your signer the significance of their actions. Some signers — and even some Notaries — make light of the situation, but it’s clearly not the best time to crack jokes. Be professional and a role model in administering oaths and affirmations at all times and your customer will respond in kind.
  4. Administer the oath or affirmation by asking if the person swears or affirms the truthfulness of their statement. The wording may be formulated as a question or a statement depending on your state.

    California provides the following wording for an oath or affirmation in the form of questions:

    For an oath: “Do you solemnly state that the evidence you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth, so help you God?”

    For an affirmation: “Do you solemnly state, under penalty of perjury, that the evidence that you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth?” (Code of Civil Procedure 2094[a]).

    Florida does not prescribe the form of the oath or affirmation, so you may pose the oath or affirmation as a question or a statement. If posed as a question, the appropriate wording for an oath for a jurat, verification or affidavit may be something like this: “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 provides an oath form for affiants that may be used by Notaries who notarize signatures on affidavits: “You do swear that the statements of this affidavit, by you subscribed, are true, so help you God.” (MS 358.07[10])

    For an affirmation, MS 358.08 allows the words “swear” and “so help you God” in the abovementioned oath to be replaced respectively with “affirm” and “and this you do under the penalties of perjury.”

    Texas provides the following oath or affirmation wording for a person taking 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).”

  5. Require the person taking the oath or affirmation to answer “Yes” or “I do” if the oath or affirmation is a question, or have the person repeat the oath or affirmation after you, if the form is a statement. Because the signer’s answer puts them under penalty of perjury, it’s important that the signer's response be clearly understood by the Notary. Nodding, saying “uh-huh” or other ambiguous responses are not appropriate.

Tips for taking oaths and affirmations

  • Never Take Shortcuts: If the document being notarized requires an oath or affirmation, you must verbally administer it — even if the signer attempts to rush you or avoid it entirely.
  • Ask, Don't Advise: If a signer is unclear about the difference between an oath and affirmation, you may provide the form for each, but you cannot legally advise the signer which one to make; it’s their choice.
  • Honor Your Signer’s Choice: Since oaths and affirmations are equally legal and acceptable, the Notary should honor the signer’s choice and use the appropriate wording and gestures.
  • Record It In Your Journal: Note every oath and affirmation you administer carefully in your journal. Once you recognize the basics and have several oaths and affirmations under your belt, administering them will be a cinch.

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Related Articles:

Quiz: All about jurats

Notary essentials: The difference between acknowledgments and jurats


Additional Resources:

NNA Hotline


90 Comments

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Calvin C Wilson

01 Jun 2015

thank you very good

patti

01 Jun 2015

top of screen is blank. have no idea what this is

Gary Halvorsen

01 Jun 2015

When notarizing a 4 page document (for example), is it legal to also put your stamp on the back side of all 4 pages (spaced out a little so the stamp is shown a little bit on each page). This then helps to ensure no additional pages have been added, or a page has been removed. When I was st sea I did this to cargo manifests and documents.

National Notary Association

04 Jun 2015

Hello. To help ensure we provide you with the correct information for your state, can you please tell us what state you are commissioned in?

Doylene Plank

01 Jun 2015

This is great information. I am keeping in my file for future reference.

Regina Stevenson

01 Jun 2015

Can I return this course for a refund

National Notary Association

02 Jun 2015

Hi Regina. If you have questions regarding a refund for an NNA course or product, please contact our Customer Care team at 1-800-876-6827 or services@nationalnotary.org and they can help you.

Greg

02 Jun 2015

Very good information, and very timely. There is a civil litigation case currently ongoing in Seminole County, Florida in which the court declined to rule on judgment due to the fact that the plaintiff did not take, and the notary did not administer, an oath while executing an affidavit central to the case. A very real consequence of not having the oath/affirmation properly administered.

Memo Reyes

02 Jun 2015

So when you're doing a Jurat, do you have ask the client if they want to take an Oaths or an Affirmations?

National Notary Association

04 Jun 2015

Hello Memo. Yes, you should ask the signer if they have a preference between an oath or affirmation and let the signer choose which they prefer.

chpnita5@gmail.com

05 Jun 2015

I just became a Notary in the state of Maryland. Are affirmations and/or oaths only required for Affidavit's?

National Notary Association

09 Jun 2015

Hello. No, Notaries in Maryland are also authorized to administer oaths and affirmations for other situations that require a person to make a promise to tell the truth, such as a person giving oral testimony for a deposition.

Rebecca

15 Apr 2016

California- I've been asked to perform an oath on paperwork on a divorce decree from another country. I don't think I can perform Oaths on alternate paperwork. Do I attach a jurat?

National Notary Association

15 Apr 2016

Hello Rebecca. This article has some information that may be helpful to you: https://www.nationalnotary.org/notary-bulletin/blog/2015/07/notarizing-documents-from-other-countries. The signer must tell you what type of notarization they want-if unsure, the signer may need to contact the document's issuing agency for instructions.

John Axt

23 May 2016

It may be simpler to look at this in religious terms. If a person does not believe in god they can use an affirmation instead of swearing to a god they don't believe in. In the practical world that notaries live in, you don't ask if they want an oath or affirmation. If a person objects to swearing an oath administer an affirmation. Just that simple.

James

23 May 2016

Luckily, here in NJ, there is a law that specifically states that the "oath ceremony" that is, the uplifting of the hand and asking the signer to confirm "yes" or "no" isn't necessary to the validity of an oath or affirmation. However, I always like to ask because it gives them a sense of, "This is a serious thing. I should tell the truth here."

Joan

23 May 2016

Can anyone suggest language for dealing with the "mhmm" response? Do you advise before hand that now you will now administer the oath/affirmation and need a clear verbal answer in response?

Bernie Swanson

24 May 2016

I would include the words "Please respond with a verbal yes or no" after asking do you swear or affirm.....

Anna Marie Mastrangelo

23 Aug 2016

I am a NSA, most of my notorrial acts are with in the context of a loan closing. There are up to 20 different documents within the packet that need to be notarized. When entering the info into my journal is it necessary to note each and every document or is one entry enough for the closing?

National Notary Association

23 Aug 2016

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

Glenda Rooney

29 Mar 2017

I love this information from NNA 😎

Kathleen

15 May 2017

As usual, this information is very helpful - thank you!

Jerry Lucas

16 Apr 2018

I wrote a blog article on the History of the Oath. The affirmation was created to accommodate Quakers, Mennonites and Moravians, who were religious, but believed that passages in the Bible prohibited taking an oath. In the past, oaths were also taken on sacred objects including stones, weapons, and even bear heads by Siberian hunters. Ancient oaths sometimes included a curse as a penalty for making false statements. See http://abclegaldocs.com/blog-Colorado-Notary/history-of-the-oath-930-ad/

Kerri

16 Apr 2018

I'm a little confused in the course it says you can not notarize any kind of marriage certificate but doesn't say about an application for a marriage licence

Karrie

30 Apr 2018

When is an oath or affirmation necessary? Will he paper I'm notarizing say if we need to perform this? Is it only to be done when requested by a customer? I am a notary in Greene County, Missouri. Thank you!

National Notary Association

30 Apr 2018

Hello. The Notary cannot choose what kind of notarization is needed-if the signer wishes to take an oath or affirmation, the signer must tell you that is the type of notarization they want. If the signer is unsure, the signer may need to contact the agency that issued the document to ask if an oath or affirmation is required. Please see this article for more information: https://www.nationalnotary.org/notary-bulletin/blog/2015/04/key-differences-acknowledgment-jurat-certificates

Cheryl Cook

07 May 2018

When completing a Jurat and Oath or Affirmation, do I need two separate journal entries or can I just include everything on the one Journal entry?

National Notary Association

07 May 2018

Hello. If you are administering the oath or affirmation as part of a jurat notarization, you only need one journal entry.

James

08 May 2018

Here in NJ, the law states that the uplifting of the hand is not required when administering the oath as part of a jurat. The only requirement is that the person who is under oath, knows they are under oath, and that they consent to it (if not in open court) and that they understand that lying while under oath is perjury.

Jaqueline M Perkins

30 Oct 2018

I need a notary at 1pm tomorrow to swear me in over the phone over a contempt of court and modification of alimony. All I need is 40 second s to a minute of your time. Please help me!!!

Krisie Stocker

03 Jun 2019

When recording a Jurat and oath or affirmation in our journal, does the oath or affirmation require its own line entry?

National Notary Association

04 Jun 2019

Hello. If the oath or affirmation was administered as part of the jurat process, then no. However, if the oath or affirmation was administered verbally as a separate notarization apart from the jurat, then it would require its own journal entry.

Sherry Hendershot

21 Aug 2019

My boyfriend has to participate in a phone hearing out of state and needs a notary to administer an oath. I am a notary, can I administer the oath as his girlfriend?

National Notary Association

22 Aug 2019

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

rosalie carrillo

14 Oct 2019

Just became a Notary in California... How much is the usual fee if any to administer and Oath or Affirmation?

National Notary Association

14 Oct 2019

Hello. The maximum fee you may charge for a jurat, or for administering an oath or affirmation apart from a jurat is $15 per person (GC 8211 [a] and [b]).

James

14 Apr 2020

Rule No. 1 flew right out the window with the national acceptance of Remote Notarizarions. What that tells me is that if you let that rule dissolve, why even worry about the rest of it.

Elena Carlugea

21 Aug 2020

1. The person taking the oath or affirmation must be physically present before you. Oaths and affirmations may not be administered remotely by phone or email. To answer everyone that wants to be sworn over the phone = CANT swore over the phone , has to be in person .

Shanqualia

07 Apr 2021

Where can I go and take the oath in Texas for Notary?

National Notary Association

09 Apr 2021

Hello. Upon receipt of their commission from the Secretary of State and before performing any notarial acts, applicants must take the required oath of office before an officer authorized to administer oaths. This may be another Notary, but applicants may not administer their own oaths (GC 406.010[c], [d] and [e]; EI). If you wish another Notary to administer your oath of office, you may wish to contact them in advance to confirm they are performing in-person services during COVID-19 and to ask if they require signers to use PPE such as face masks during the notarization.

info@wheretosign.com

27 Jul 2021

This article makes it seem that California must use the questions provided which is a misrepresentation. Quoting from the Secretary of State approved WORKbook, "Although there is no prescribed wording for the oath or affirmation to be administered by a notary public OUTSIDE OF A CIVIL OR CRIMINAL PROCEEDING, an acceptable oath or affirmation would be: [the two questions in the article]" (emphasis added). To quote from the Secretary of State approved HANDbook, "There is no prescribed wording for the oath, but an acceptable oath would be “Do you swear or affrm that the statements in this document are true?” When administering the oath, the signer and notary public traditionally each raise their right hand but this is not a legal requirement."

Will Williams

27 Sep 2021

This article was quite informative

Carina

29 Oct 2021

I am in Ohio, What oaths should we be administering for real estate transactions via RON?

National Notary Association

29 Oct 2021

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.

California Notary

19 Jan 2022

When filing the notarial oath of office with the county clerk by mail, as is often the only option in these troubled times it is required to have the oath taken by another notary. How should the notarial act be listed in that notary's Journal?

National Notary Association

22 Mar 2022

The journal entry for swearing in another Notary is exactly the same for any other document. No special entry procedure is required.

Rafael A Peralta

14 Feb 2022

Hi there I'm from Florida state.Why we don't have a State I.D as a Notary.please let me know..thanks

National Notary Association

18 Feb 2022

Hello. The state of Florida does not issue identification cards to Notaries Public. It is not usual practice for states to issue Notaries with identification documents upon being commissioned.

Elizabeth Slack

15 Feb 2022

What are the requirements for Indiana on if the wording has to be a question or statement? What is an example to be used for the correct wording?

National Notary Association

18 Feb 2022

Hello. Pages 54 and 55 of the Indiana Notary Public Guide provide examples of wording for a verification on oath or affirmation in Indiana. You can read the Guide here: https://inbiz.in.gov/Assets/NotaryGuide.pdf

lareishadlewis@gmail.com

04 Mar 2022

Does Texas allow you to accept id's from Canada and Mexico?

National Notary Association

11 Mar 2022

Hello. For most notarizations, Texas requires a signer’s ID to be issued by the U.S. federal government or a state government, and include a photo and signature. However, Texas Notaries may accept a current foreign passport as ID if the notarization involves a deed or other instrument related to a real estate transaction.

Elizabeth Slack

10 Mar 2022

To clarify wording in Indiana for my log book- I basically only notarize at work, so the person (co-workers) is/are always in front of me. So if I understand correctly, I do acknowledgements because I am identifying them and making sure they are voluntarily signing the documents. I write ACK in my journal under Kind/Type of Notarization/Certificate space. If the document has wording as in sworn or subscribe this is called a Jurat? What do I write in my journal. I have been writing oath. I understand the affirmation is for someone who does not want to use God to swear on and oath is if they are fine with that. I have my manual, but it is still a little confusing. Any information on this would be great.

National Notary Association

22 Mar 2022

Hello. Please see the following article for more information: https://www.nationalnotary.org/notary-bulletin/blog/2015/04/key-differences-acknowledgment-jurat-certificates

Donna Linton

20 Jun 2022

It would be helpful if you explained that not all oaths and affirmations are given to verify a signer. Some are to give oral testimony. Can you cover that, please?

Patricia Tyler

22 Jun 2022

I am a FL Notary. If I have 10 Jurats in a loan package, is it acceptable to deliver a single oath at the beginning?

National Notary Association

22 Jul 2022

No, an oath must be provide for each jurat requested because each notarization is separate.

Linda McCreight

27 Jun 2022

Is there a need for a jurat oath in the state of Iowa?

National Notary Association

28 Jun 2022

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.

Chanell

14 Sep 2022

I am a Florida Notary. Do I need to attach a Jurat certificate to every oath/affirmation?

National Notary Association

16 Sep 2022

Hello. You are required to complete the required statutory certificate wording any time you perform a jurat.

Rynese Davis

20 Sep 2022

I have a person who is needing a document for driving school to be notarized. On the document it is asking for a ID which the signer does not have. Her witness is bringing their own ID. Would the witness ID go on the document ?

National Notary Association

28 Sep 2022

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.

Jeffrey

22 Sep 2022

I am in Texas. I get so very tired of Signers exclaiming that they have never taken an Oath or Affirmation for any Notarization during a Mortgage transaction when almost 100% of those I have done over the years require at least one or more or the Signer asks if this is a new requirement. How should I respond? On the flip side, I know several Notaries who have personally told me that they do not administer Oaths or Affirmations either they feel weird asking, they don't like the process or the feel a single general oath up front or at the end is sufficient and covers their obligations. How do I encourage them to administer an individual, separate Oath or Affirmation for every document that requires it. I think it makes us all look bad.

New Notary

09 Jan 2023

New to the RON platform, can oaths / affirmations be administered remotely using the online platforms?

National Notary Association

11 Jan 2023

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

Fonda Southall

15 Mar 2023

Acknowledgement and Jurat forms. I notarize only at libraries where I work. I have never been asked to do either thing described. Sounds like I would need forms to do these. Are the forms available online? If not, now do I get one. Thanks, Fonda

National Notary Association

28 Mar 2023

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

Michelle Goad

12 Jun 2023

Thank you! I will add these notes into my official reference notebook. I really like the cardigan. Would like to buy one.

Roxana Bismarck

12 Jun 2023

Thank you for the information, clear and extremely helpful, I have been a notary for many years and is always a good aid to have this remainders and updates.

Kathleen

12 Jun 2023

I am registered as a notary in the state of New Jersey. I just moved to South Carolina and would like to know what I have to do transfer everything to SC.

National Notary Association

12 Jun 2023

Hello. Notary commissions cannot be transferred between states. You would need to resign your NJ commission and apply for a new commission in South Carolina.

Cookie L.

12 Jun 2023

If I have my notary license processed in Ocean County NJ. When I notarize documents in a different county, do I have to write that county or where I have my license?

National Notary Association

12 Jun 2023

Hello. When filling out the venue on a Notary certificate, always enter the location where the notarization actually took place. See this article for more information: https://www.nationalnotary.org/notary-bulletin/blog/2022/04/how-to-fill-out-notary-certificate

Tracy

12 Jun 2023

California -- Is it ok to use the following statement? Do you solemnly swear and or affirm under penalty of perjury the information provided is true and accuracy to best of your knowledge and that you are signing of your own free will?

National Notary Association

13 Jun 2023

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.

Ira Howell

12 Jun 2023

I am a new notary in the state of TN. I received my commission and was never given an oath verbally only in my paperwork, am I a legal notary? Thank you

National Notary Association

17 Jul 2023

Hello. In Tennessee, Notary licenses are issued by each county, and your specific county may have its own requirements. We recommend contacting your county directly to confirm the final step in the licensing process.

Alicia Bryant

19 Jul 2023

I passes my test last week to be a notary signing agent. I'm still confused on the Jurat and acknowledgement. Also, I have my stamp for being a notary public, do I need a different stamp for my notary signing agent business? Thank Alicia Bryant

National Notary Association

31 Jul 2023

Hello. You do not require a second official Notary seal to perform loan signing assignments as a Signing Agent. For more information about acknowledgments and jurats, please see here: https://www.nationalnotary.org/notary-bulletin/blog/2015/04/key-differences-acknowledgment-jurat-certificates

Lisa

06 Sep 2023

"There is a civil litigation case currently ongoing in Seminole County, Florida in which the court declined to rule on judgment due to the fact that the plaintiff did not take, and the notary did not administer, an oath while executing an affidavit central to the case" I would love to find out more information about this case so I can reference it. Does anyone have a Justia link or the name of the case (if available online)? I haven't been able to find it through Google.

banker

21 Sep 2023

Real question... What if my signer comes in with a Jurat document and needs to raise their right hand to be sworn in.... How do I do it if they have no arms??? This happened, what do I do next time??

National Notary Association

13 Nov 2023

There is no state that requires a Notary to have a signer raise their right hand when being placed under oath. That being the case, if someone has no arms, the oath can still be administered. The oath requires some kind of verbal confirmation, raising their hand is ceremonial but not required.

netta@notarynetta.com

21 Oct 2023

Very helpful!

SAMANTHA

02 Nov 2023

Can I get so samples of how to read the Jurat statement to clients in Virginia before the sign the paperwork.

National Notary Association

02 Nov 2023

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.

Shannon Wright

05 Jan 2024

If a signer has 10 of the same documents to notarize/sign, do I need to administer oath for each document or just once? I know I have to place my signature/seal on each document just not sure about the oath. Do I need to have them take an oath for each document?

National Notary Association

08 Jan 2024

Hello. You would need to administer a separate oath or affirmation for each notarial act that requires it.

Tara Wharton

18 Mar 2024

question, if an Oath is given what is it that I actually write on the form notary form. proved to me on the oath of ?

National Notary Association

18 Mar 2024

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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