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This article is for informational purposes only and does not constitute legal advice. Notary laws vary significantly by state. Always consult your state's notary division or a qualified attorney for specific legal guidance regarding notarizations.
If there is one notarial act that trips up newer notaries public, it is the jurat. While an acknowledgment simply verifies a signer's identity and willingness to sign, a jurat notarization goes a step further. It requires you, the notary, to actively administer an oath or affirmation.
Failing to properly deliver that verbal oath is one of the most common reasons notarizations are challenged in court. Even if you fill out every line on the certificate perfectly, the notarization is considered defective if the signer wasn't formally sworn in.
Whether you are a brand-new commission holder or a seasoned professional looking for a refresher, understanding exactly how to administer an oath for a jurat is essential to protecting the public and your commission. Here is your comprehensive, step-by-step guide to getting it right every time.
Understanding the Anatomy of a Jurat
Before diving into the mechanics of the oath, it helps to understand what a jurat actually accomplishes. You will typically see a jurat certificate attached to affidavits, verified pleadings, or depositions.
The certificate generally contains specific wording, often including the phrase "subscribed and sworn to (or affirmed) before me." This wording is a dead giveaway that you have specific duties to perform. "Subscribed" means the document must be signed in your physical presence. "Sworn to" means you must administer a verbal oath.
Unlike an acknowledgment, where a signer might sign a document at home and bring it to you later, a jurat requires the signing to happen right in front of you, immediately before or immediately after the oath is given.
Prerequisites and Materials Needed
Before the signer ever sits down across from you, you need to ensure you are fully prepared. Having your workflow dialed in prevents mistakes and keeps the process moving smoothly.
Knowledge Prerequisites:
- A solid understanding of your state's specific requirements for jurats
- Knowledge of acceptable forms of identification in your state
- Familiarity with the difference between an oath and an affirmation
Physical Materials:
- Your current state notary commission certificate or card
- A reliable Notary Journal (if required or strongly recommended by your state)
- Your official notary seal or stamp
- Black or blue ink pens (check your state's color requirements)
- A Notary Public Guidebook for quick reference if needed
Step-by-Step Guide to Administering the Oath
When the signer is ready, follow these steps in exact order. Consistency is your best defense against errors.
Step 1: Require the Signer's Physical Presence
This is non-negotiable for a jurat. The signer must be standing right in front of you. If someone drops off a document and says, "I already signed it, just stamp it," you must decline if the certificate requires a jurat.
Step 2: Verify the Signer's Identity
Just as you would with any notarization, you must use satisfactory evidence to identify the signer. In most states, this means reviewing a current, government-issued photo ID, such as a driver's license or passport. Ensure the name on the ID reasonably matches the name on the document.
Step 3: Scan the Document for Blanks
Look over the document. Are there blank spaces that should be filled in? While you generally cannot tell a signer what to write, you can point out blanks and ask if they intend to fill them in. Never notarize a document with glaring, unfilled spaces, as this creates an opportunity for fraud after the fact.
Step 4: Administer the Verbal Oath or Affirmation
This is the critical step. You must speak the words out loud, and the signer must respond out loud. The signer does not place their hand on a religious text unless they choose to do so; your verbal instruction is what legally binds them.
For an Oath (religious connotation): Raise your hand and ask the signer to raise their right hand. Say: "Do you solemnly swear that the statements contained in this document are true and correct to the best of your knowledge and belief?"
For an Affirmation (secular alternative): You do not need to raise your hand. Say: "Do you solemnly affirm that the statements contained in this document are true and correct to the best of your knowledge and belief?"
Wait for a clear "Yes" or "I do." If they mumble or don't answer, ask them to repeat themselves. If you want a deeper dive into the differences between these two acts, check out our guide on oaths vs. affirmations.
Step 5: Witness the Signature
If the signer has not yet signed the document, have them sign it now, in your presence. If your state laws allow it and the signer signed the document literally seconds before you administered the oath (while standing at your desk), that is generally acceptable in many jurisdictions. However, the safest practice is to have them sign immediately after saying "I do."
Step 6: Complete the Jurat Certificate
Fill out the jurat block on the document. This typically includes:
- The exact date of the notarization
- The signer's name (printed or typed)
- Your signature
- Your official notary seal or stamp
Ensure your seal impression is clear and not smudged. If you make a mistake filling out the certificate, do not use white-out. Depending on your state, you should usually draw a single line through the error, write the correction, and initial it—or attach a new certificate altogether.
Step 7: Record the Act in Your Notary Journal
Even if your state does not legally mandate a journal, keeping one is your absolute best protection against liability. Record the date, time, type of notarial act (jurat), the signer's name, the type of identification used, the document title, and your signature.
Common Mistakes to Avoid
Even experienced notaries can fall into bad habits. Here are the most frequent pitfalls associated with jurat notarizations:
Treating it like an acknowledgment This is the big one. If you simply watch someone sign and stamp the certificate without speaking the oath, you have failed in your duty. A jurat is not just about verifying identity; it is about compelling truthfulness under penalty of perjury.
Failing to ensure the signer responds You asked the question, but did they answer? Sometimes signers just nod or silently sign the paper. A nod is not a verbal affirmation. You need to hear the words "yes" or "I do" to confirm the oath was taken. The rule exists because the verbal response creates a conscious, deliberate legal commitment.
Notarizing an already-signed document without an oath If a signer brings you a document signed three days ago and it requires a jurat, you generally cannot simply stamp it. The signature must typically occur in your presence. (Note: A few states have exceptions if the signer appears before you, swears they signed it, and you are satisfied—but check your local laws carefully).
Using the wrong certificate wording If a document requires a jurat but has an acknowledgment certificate attached, you generally cannot just cross out "acknowledged" and write "sworn." In most states, you should attach a loose jurat certificate to ensure the correct statutory language is used. You can learn more about when to use a loose certificate to stay compliant.
Troubleshooting Tips for Tricky Situations
Not every notarization goes perfectly. Here is how to handle a few common complications you might encounter during a jurat.
The signer refuses the oath If you ask the signer to swear or affirm and they say, "No, I don't want to do that," you must stop the notarization immediately. Explain that a jurat requires an oath by law. If they still refuse, you cannot proceed. They may need to consult an attorney to see if the document can be reformatted to use an acknowledgment instead.
The signer doesn't understand English If the signer does not understand the words you are speaking during the oath, the notarization is invalid. You generally cannot use hand gestures or a translator to convey the gravity of an oath. The communication must be direct. Some states allow notaries who are fluent in the signer's language to administer the oath in that language, but check your state guidelines first.
The document lacks a jurat certificate Sometimes a document says "Affidavit" at the top but has no notarial wording at the bottom. Do not guess. Ask the signer or the document preparer what type of notarization is needed. If it is a jurat, you will need to attach a loose jurat certificate. Ensure you note the loose certificate's attachment clearly in your journal.
The signer hesitates before answering If a signer pauses for a long time before saying "yes," or seems confused about what they are signing, take a step back. Ask them if they have read the document and understand its contents. While you cannot give legal advice, you can remind them that they are swearing under penalty of perjury that the contents are true. If they seem unsure, declining the notarization is the safest route.
Frequently Asked Questions
Does a signer have to raise their right hand for a jurat? Legally, no. Raising the right hand is a traditional custom meant to add formality to the proceeding, but it is not a statutory requirement in almost any state. As long as you clearly administer the oath and receive a verbal response, the notarization is valid. However, doing it adds a layer of solemnity that helps signers understand the seriousness of the moment.
Can I administer an oath for a jurat over Zoom or video call? It depends on your state. As of 2026, many states have passed Remote Online Notarization (RON) laws that allow notarizations via audio-visual technology. However, the specific rules for RON vary wildly. Some states require two-way audio/video where you can clearly see and hear the oath being taken, while others may not permit remote jurats at all. Check with your state's notary commissioning authority.
What if the signer insists they already signed the document at their lawyer's office? If the document requires a jurat, the signer must typically sign again in your presence. Politely explain that a jurat specifically requires the notary to witness the signature. It is perfectly legal for a person to sign a document multiple times; simply have them sign a fresh copy or, if your state allows it, sign next to their existing signature.
What is the average fee for a jurat notarization in 2026? Notary fees are set by the state, not the notary. In 2026, fees generally range from $2 to $15 per notarial act. Many states charge the exact same fee for a jurat as they do for an acknowledgment. Check your state's fee schedule, and remember that travel fees are usually separate from the notarization fee itself.
Can I notarize a document for a family member if it requires a jurat? In most states, notarizing for a family member—especially a spouse, parent, or child—is highly discouraged or explicitly illegal. Because a jurat compels truthfulness under penalty of perjury, notarizing for a close family member creates a massive conflict of interest. Even if your state doesn't strictly forbid it, it is widely considered a best practice to decline.
Do I need to read the entire document to the signer before administering the oath? No. You are not responsible for the contents of the document, nor are you required to read it to them. Your responsibility is strictly limited to identifying the signer, ensuring they are signing willingly, and administering the oath. If the signer asks you what a specific part of the document means, you must direct them to the document's preparer or an attorney, as explaining the document could constitute the unauthorized practice of law.
