© 2009 Kim Giancaterino. All Rights Reserved.
California Notary Jurat
What is a Notary Jurat?
The jurat is the second most common form to be completed by a notary public. Unlike the acknowledgement which verifies the identity of a signer, a jurat requires them to swear to or affirm certain facts. It’s easy to tell the difference — a jurat typically includes the words “subscribed and sworn to (or affirmed) before me.”
“Jurat” is derived from the Latin “juratum,” meaning “sworn.” Basically it refers to the clause on an affidavit that states the particulars of when, where, and before whom an oath or affirmation was made.
A person who swears to an affidavit is referred to as an “affiant.” Incredibly, I’ve found that many people who sign documents accompanied by a jurat are unfamiliar with this term.
According to California law, a notary public signature and seal cannot be affixed to a document without the proper notarial wording. Here’s an example of a jurat:
California Notary Jurat Form
Administering the Oath
An affiant must personally appear, swear to or affirm the truth, and sign an affidavit in the presence of someone authorized to take oaths. Appearing before a notary public is usually the easiest method of meeting this requirement.
The oath is typically worded this way: “Do you swear or affirm that the statements on this document are true?” Unlike courtroom oaths, there is no legal requirement for the signer and notary public to raise their right hands, though many notaries choose to do so.
Jurat Certificate Date Requirement
Most importantly, the dates must be the same on a document that contains a jurat certificate. Because an affiant is required to sign in front of a notary, the notarization date and signature date will always match. In other words, you should never sign a document that includes a jurat certificate ahead of time. Wait until you are with the notary, or you’ll be asked to sign the document again in their presence.
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