What is an oath?

What Is an Oath? A Notary's Guide to Administering Oaths

At The Notary Hub, we often receive questions from clients and even new notaries about the meaning and purpose of an oath. Administering an oath is a vital part of the notarial process, and it’s important to understand what it is, why it matters, and how to do it properly.

Understanding the Oath

An oath is a solemn promise made by a person before a notary public or other authorized official, swearing that the contents of a document or a spoken statement are true. It is a legally binding declaration and is often used in affidavits, depositions, or other sworn statements. When a person takes an oath, they are appealing to a higher power or their personal sense of honor to tell the truth.

In contrast, an affirmation is a legally equivalent statement made without reference to a higher power, for individuals who prefer not to swear religiously. Notaries must always offer both options and respect the signer’s choice.

Why Oaths Matter

Administering an oath helps ensure honesty and integrity in legal documents and proceedings. When someone takes an oath, they are legally accountable for the truthfulness of their statement. If they knowingly lie under oath, they could face penalties for perjury. This makes oaths a powerful tool in maintaining trust and order in legal and official matters.

Oaths are commonly required in:

• Affidavits

• Depositions

• Sworn statements

• Court-related documents

• Testimonies

Steps to Administer an Oath

As a notary, it’s essential to administer oaths properly. Here’s a breakdown of the steps involved:

1. Personal Appearance: The individual taking the oath must appear in person before the notary.

2. Verify Identity: Confirm the signer’s identity using valid, government-issued identification.

3. Explain the Oath or Affirmation: Clearly explain that the person is about to take an oath or affirmation and that they are swearing or affirming that their statement is true.

4. Ask the Oath Question: Ask the signer, "Do you solemnly swear (or affirm) that the contents of this document are true to the best of your knowledge and belief?"

5. Receive the Response: The signer must respond with an audible "Yes," "I do," or "I affirm."

6. Complete the Notarial Certificate: Document the oath in the appropriate notarial certificate, indicating whether it was an oath or affirmation.

Key Considerations

It’s important for the notary to ensure that the person understands what they are swearing or affirming to. The oath must be given out loud, and the signer must respond out loud—silent nods or gestures are not sufficient. The notary should never skip this step, as it is a critical legal component of the notarization.

The Notary Hub Commitment

At Notary Hub NYC, we are committed to upholding the highest standards in notarial practices. Administering an oath correctly is part of our dedication to integrity, legality, and public trust. Whether you're signing a sworn affidavit or giving a deposition, our trained notaries ensure that the process is handled with professionalism and care.

Final Thoughts

An oath is more than a formality—it’s a serious declaration that carries legal weight. Understanding the significance of an oath and how it must be administered is essential for notaries and the clients they serve. At Notary Hub NYC, we take pride in guiding you through each step of the notarization process with clarity and respect for the law.