Oaths, Affirmations, and Affidavits
The next part of a notary public’s duties is Oaths, Affirmations, and Affidavits. These are all very similar in definition and process however there are some small differences between them. Over the next few slides we will go over each of these in more detail, point out the differences between them, and provide you with examples of each one.
Oaths:
Notary Public Manual, State of Hawaii, Department of the Attorney General, (March 2021) Pg. 5 An oath is “a solemn pledge or promise made by a person (often called the affiant) with an appeal to God, or a Supreme Being, to attest to the truth of the person’s words.” Rotham, Notary Public Practices & Glossary (1978), at p. 24.”
In general, the intent of an oath is to invoke a sense of moral or religious reasonability to tell the truth as lying could cause moral or religious repercussions.
Administering an oath is a verbal process and does not require the notary to complete a document or put their seal on any document. You should always have the affiant raise their right hand before administering any oath.
Example: Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God?
The affiant should answer with “I do.”
Affirmations:
Notary Public Manual, State of Hawaii, Department of the Attorney General, (March 2021) Pg. 5 “An affirmation is “a solemn statement or declaration made as a substitute for a sworn statement by a person whose conscience will not permit the person to swear at all.” 18C Am. Jur. Pleadings and Practice Forms, Oath and Affirmation § 1.”
In general, an affirmation is usually made with an appeal to a legal power to invoke a fear of legal repercussions if the affiant were to lie.
Administering an affirmation is a verbal process and put their seal on any document. You should always have the affiant raise their right hand before administering any oath.
Example: Understanding that a breach of this affirmation may subject you to prosecution for the crime of perjury, do you solemnly affirm to tell the truth, the whole truth, and nothing but the truth?
The affiant should answer with “I do.”
Affidavits:
Notary Public Manual, State of Hawaii, Department of the Attorney General, (March 2021) Pg. 5 “An affidavit is “a written or printed statement of facts, made voluntarily, and under oath or affirmation of the party making it, taken before an officer having authority to administer such oath.” Black’s Law Dictionary (Rev. 6th Ed.), at p. 58.”
Administering and oath, affirmation, or affidavit:
To administer an affidavit the notary must ask the affiant to swear or affirm that the statements they are giving are true and accurate. The notary should require the affiant to raise his or her right hand before administering an oath, affirmation, of affidavit. The words “swear” and “affirm” can be interchanged depending on the beliefs or the notary or affiant.
Since this is a written statement, the notary will need to sign the document and place their official signature and seal on the document.
There are five key parts to every affidavit. These key parts are listed below and must be present for every affidavit and can be found in the Notary Public Manual, Page 9.
Key parts:
- Venue: The State and County in which the notarial act was performed.
- Body: This is the sworn statement of the affiant
- The signature of the affiant
- The jurat, also known as the “Subscribed and sworn to” clause
- Signature, printed name, seal, and commission expiration of the notary
