If the state law does not specify any wording, the notary may look at the suggested wording in the Revised Uniform Law on Notary Acts or other model laws that can be found online. The oath or affirmation administered by the notary should comply with the laws in his or her state. Recite an oath and/or affirmation and require a yes answer non-verbal responses or grunts are not acceptable. Either ask the client to raise his right hand or to place it over his heart. This is a solemn event and should be treated as such. In either case, a sworn statement is made under penalty of perjury, which is a serious matter. The difference between these two is that an oath is a promise made before God that the statement is truthful, while an affirmation does not make any reference to a deity. If it says anything about being duly sworn or upon oath, that is a sworn statement.įor all sworn statements, the notary must administer an oath or affirmation. Look at the opening sentence or two of the document. Just be aware that not every sworn statement has a Jurat. If the document has a Jurat as a notary certificate, you know it is a sworn statement. The title is there to identify the document and does not determine what it is, so go by the wording in the document itself. Some documents have the word affidavit in the title but no wording that requires an oath. Sworn statements are often (but not always) called affidavits. The two most common types of notarized documents are sworn statements and acknowledged statements. Once you have confirmed the identity of the person seeking your notary services and verified that they are prepared to sign freely and willingly, the next duty of a notary public is to determine what type of document they have presented to you.
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