The Power of the Oath
Did you know that notaries have the power to put people under oath? That's right, they can make you swear to tell the truth, the whole truth, and nothing but the truth. A notary is a public official usually appointed by the Secretary of State, and under this appointment, notaries are granted the power to put people under oath.
I say “usually appointed” because there are exceptions. For example, while in California, the California Secretary of State oversees all aspects of notary commissions statewide, in Georgia, the Clerk of Superior Court oversees notary commissions on a county level. Who oversees the notary commissions has an effect on how we request Apostilles or Authentications…but this is a different topic for another time. Back to Oaths! Despite their differences, both Georgia and California grant notaries the power to put people under oath in a variety of settings.
This is taken directly from California’s government code listing the duties of a notary, “3) To take depositions and affidavits, and administer oaths and affirmations, in all matters incident to the duties of the office, or to be used before any court, judge, officer, or board.”
Being put under oath is serious business, and perjury is a fancy way of saying "lying under oath”. It can get you in big trouble. Lying under oath could result in fines, jail time, and maybe even an unflattering nickname like “Perjury Pete”.
In California, there is no prescribed way for a notary to administer the oath, beyond it being a spoken pledge. You might be asked if you “swear or affirm”, but what do those terms really mean? Technically an oath is a solemn spoken pledge to God or a Supreme Being (swear) while an affirmation is a solemn spoken pledge on the person’s honor with no reference to a higher being (affirm). Regardless of how the oath is administered, it is a spoken pledge of truthfulness that carries a penalty of perjury.
And despite popular belief, raising your right hand is not mandated by California law but it is a meaningful gesture that emphasizes the solemn nature of the act for both the notary and the person taking the oath.
California has two official notarial acts that involve administering an oath; the jurat and the oath. The jurat is a certificate on or attached to your document. A Jurat certifies that you signed the document in front of the notary and that you took an oath under penalty of perjury (swear or affirm) that the contents of the document are true and correct. While the jurat includes an oath and a signature, sometimes only an oath is needed, which is a stand-alone notarial act in California. Language like “duly sworn“ or “sworn deposed and said“ on a document will clue you in that you need to take an oath. Examples of other times you may take an oath in front of a California notary include an Oath of Office, Oath for testimony, Oath of confidentiality or loyalty, and an Oath of Credible Witness.
So, if you ever find yourself in front of a notary, and they ask you to raise your right hand and swear or affirm that statements in your document or statements given verbally are true, don't take it lightly. It's not just a formality and it carries the same weight as if you were on the stand in a courtroom getting sworn in for testimony.
Always remember, the truth is the only thing that can set you free (and keep you out of jail) when a notary puts you under oath. And in general, it’s good to always tell the truth…unless, of course, you're asked if you've eaten the last cookie… A little light-hearted humor for you with all this talk of perjury. ;)
A note on multiple jurats.
When a package of documents has more than one jurat, sometimes notaries will hear from a client, “The last notary didn’t make me take an oath...” or “…didn’t make me take more than one oath”. Consider that the notary themselves are certifying facts when they sign a notarial certificate like a jurat. If the facts certified in the notarial certificate didn’t really occur, never mind the repercussions for the notary, it weakens your standing if your document is ever challenged in court.
Skipping the oath or taking an oath once for a package of documents where you have more than one jurat, does not satisfy what is being certified; that you swore to the contents of each document where an oath was required. When documents are challenged in court, attorneys can and will review notarizations and the notary’s journal entries. The National Notary Association has cited some higher-profile cases where an issue with the notarization played a role in the outcome of a trial.
