|Online Notary Course for California|
Part 3, Section 7
Although most commonly administered as part of a jurat, a California notary has the authority to administer oaths and affirmations even without any other notarial act involved. Code of Civil Procedure §2093(a)
When administering an oath, the notary must:
For example: “Do you swear that the statements in this document are true, so help you God”?
Some people prefer not to “swear” to a higher power or deity. In that case, an affirmation may be used.
When administering an affirmation, the notary must:
For example: “Do you affirm, under penalty of perjury, that the statements in this document are true?”
In either case, whether an oath or affirmation is administered, the person you are administering it to must respond in a positive manner for the oath or affirmation to be valid. The preferable response would be an audible “Yes” or “I do”, but legally you may interpret a nod of the head as a positive response for the purpose of completing the oath or affirmation.
Also, you may ask the person to raise their right hand while you are administering the oath to give the ceremony more formality, but it is not a legal requirement.
an oath or affirmation, it is considered a notarial act, and must be
entered in your journal.
Table of Contents
Copyright © Online Notary Course for
All rights reserved. Revised: 07/14/09.