By Cindy Medrano on October 27, 2016 in Best Practices
Updated 10-7-18. A common type of notarization customers need is a jurat. A jurat, also known as a "verification upon oath or affirmation" in some states, requires the signer to swear or affirm that the contents of a document are true.
When executing a jurat, a Notary must use certificate wording that is specific to the requirements of state law. Jurats are used for documents such as affidavits and depositions, which often are used as evidence in trials or other legal proceedings.
4 Parts Of A Jurat
When performing a jurat, there are four things you need to certify:
The signer was physically in front of you when you performed the notarization.
You verified the signer’s identity, if required by your state, using a method acceptable in your state.
You witnessed the signer sign the document in front of you.
The signer swore or affirmed that the statements in the document are true. Although it is not required by law, it is recommended that the signer raise their right hand to emphasize the seriousness of the oath or affirmation.
The purpose of administering a verbal oath or affirmation is to again, confirm your client is committing to honesty.
State Notary Laws Affecting Jurats
Some states may have additional rules regarding jurats. California requires its Notaries to identify a jurat signer using satisfactory proof of identity under CA law. Florida does not authorize Notaries to transcribe affidavits or depositions, but does permit Notaries to execute jurats on these documents. Texas Notaries may not take oaths or acknowledgments (or perform other notarizations) on a federal enclave on Indian reservation, according to the Notary FAQ on the Texas Secretary of State's website.
Ohio requires its Notaries to identify the affiant when executing a jurat on an affidavit, according to the Ohio Secretary of State's "Information For Newly Commissioned Notaries Public." Ohio Notaries also must use a jurat certificate that clearly states the type of act and that an oath was administered to the signer, but the law also allows Notaries to use the new statutory jurat certificate form now found in ORC 147.551 since it contains both. In addition, an Ohio Notary must not complete a jurat certificate for a notarial act if the Notary has not administered an oath.
Oaths Vs. Affirmations
It is up to the signer to choose whether they want an oath or affirmation. With an oath, the signer is promising before a deity, such as: “Do you solemnly swear that the statements in this document are true, so help you God?” With an affirmation, the signer swears on their personal honor, such as: “Do you solemnly affirm, on your own personal honor, that the statements in this document are true?” Both questions must be asked out loud and the signer must respond with an “I do” or “Yes.”
A Jurat Can't Be Sworn Or Affirmed In Someone Else's Name
It is never acceptable for a third party, such as an attorney in fact, to execute a jurat or take an oath or affirmation on behalf of another person. For instance, if John Smith appeared before you, he would not be permitted to swear on behalf of Jane Doe that the document contents are true and complete.
However, John Smith could take an oath or affirmation in his own name, even when acting as an attorney in fact for Jane Doe. In this instance, he is personally promising, in his own name, that the contents in that document are truthful.
Want to brush up on your notarization skills? Notary Essentials can give you the expertise you need to perform the most common notarial acts in your state with ease and accuracy.
Cindy Medrano is the Social Media Coordinator at the National Notary Association.