Oaths and Affirmations

The Oath or Affirmation is the verification by a notary public that the signer of a Jurat, an Affidavit, a Verification of Oath or a Verification of Affirmation has sworn to the truth of the document’s contents. The notary public will need to see the signer in person, see an acceptable form of identification and ask the signer to swear by Oath or Affirmation that the information in the document is true, and witness the signature of the document by the signer.

The signer has the choice to use either an oath or an affirmation. The difference between the two are that with an oath, the signer is swearing by a greater power, while with an affirmation, the signer is swearing by their own honor.

Sample Oaths and Affirmations

Although raising the right hand (both the notary and the signer) is not a legal requirement, this is a common practice when administering the oath. Law also does not provide specific wording requirements for an oath, but the following would be acceptable, according the 2016 California Notary Public Handbook:
Example 1: “Do you swear or affirm that the statements in this document are true?”
These are suggestions from California Code § 2094:
Example 2: “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?”
Example 3: “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?”
Other sources have offered the following acceptable suggestions which some notaries and even judges choose to use:
Example 4: “Do you promise to tell the truth?”
Example 5: “Do you affirm that the testimony you are about to give will be the truth, the whole truth and nothing but the truth?”
Other oaths and affirmations offer more clarity in matters such as administering an oath for credible witnesses.

Credible Witness Oath or Affirmation (Civil Code Section 1185)

When a person does not have acceptable identification, their identification can be proven by the use of one or two credible witnesses. When the notary public personally knows a witness who personally knows the signer, this person can serve as the sole credible witness. In this case, the notary public must verify the identity of the credible witness by viewing an acceptable form of identification. The notary public must place the credible witness under oath or affirmation, wherein the credible witness swears or affirms the following:

  1. That the person appearing before the notary public as the signer of the document is the person named in the document;
  2. The credible witness personally knows the signer;
  3. The credible witness believes it would be very difficult or impossible for the signer to obtain acceptable identification
  4. The signer doesn’t have an acceptable form of identification; AND
  5. The credible witness is not named and does not have a financial interest in the document.
If the notary public does not personally know the credible witness, then two credible witnesses will be required and under the same obligations as stated above for a single credible witness. (Civil Code Section 1185)

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