A jurat is a certificate completed by a notary public that confirms an affidavit was properly sworn before them. Without a properly executed jurat, the affidavit might not be legally valid.
The jurat serves as evidence that the person signing the affidavit (the affiant) personally appeared before the notary public and swore or affirmed that the contents of the document were true.
So, what is a jurat, exactly? This article will explore the essential elements of a jurat, its legal significance, how it differs from an acknowledgment, and best practices for proper execution.
Essential elements of a jurat
A jurat isn’t just a stamp or a signature. It’s a formal declaration with specific requirements.
Affiant’s physical presence
The person signing the document — the affiant — has to be physically present when the notary public notarizes the document. In most cases, you can’t just hop on a video call and get it done (unless your state specifically allows it).
It’s also important that the notary verifies the affiant’s identity, usually by checking a government-issued photo ID. What counts as acceptable ID can depend on where you live.
Oath or affirmation
The affiant has to declare that the contents of the affidavit are true and accurate, “so help me God.” (Or they can affirm that the contents are true, if they prefer not to take an oath.) The notary is the one who administers the oath or affirmation.
The specific wording can vary from state to state, so it’s a good idea to double-check the requirements for your location.
Notary’s certification
The jurat also includes a statement from the notary, certifying that the affiant showed up, was properly identified, and took an oath or affirmation. The notary has to date and sign the statement.
Finally, the jurat has to include the notary’s official seal or stamp, plus the date their commission expires.
Jurat vs. Acknowledgment: What’s the difference?
Jurats and acknowledgments both involve a notary public, but they serve different purposes. Here’s how they differ:
- Purpose: A jurat verifies that you swore or affirmed the truth of a document’s contents to a notary. An acknowledgment verifies that your signature is real and that you signed the document willingly.
- Oath: A jurat requires you to swear an oath or affirmation. An acknowledgment doesn’t. You simply acknowledge that you signed.
- Wording: Jurats have specific legal language about the oath or affirmation. Acknowledgments use language confirming your identity and that you signed of your own free will.
- Use Cases: Jurats are common for affidavits and sworn statements. Acknowledgments are often used for deeds, contracts, and other documents where the signature just needs to be authenticated.
- Examples: An affidavit you present as evidence in court needs a jurat. A deed transferring property ownership needs an acknowledgment.
Legal Significance and Implications of a Jurat
The jurat is more than just a formality; it carries significant legal weight. Here’s why:
Admissibility in Court
A correctly completed jurat provides evidence that the affidavit was sworn under oath, giving it increased credibility in a legal setting. It can be used to back up motions, offer evidence, or even challenge the testimony of witnesses.
However, if the notarization is defective, the affidavit may not be allowed as evidence. This could lead to legal challenges or slow down court proceedings.
Liability for False Statements
By swearing to the truthfulness of the affidavit under oath, the person making the statement is subject to perjury laws if the statements are knowingly false. Perjury is a crime with potentially severe penalties.
The notary plays a role in preventing fraud. They have a responsibility to make sure the person making the statement understands the importance of the oath and the possible consequences of making false statements.
State Laws and Regulations
Notary laws and regulations vary from state to state. It’s important to follow the specific requirements of the state where the notarization is taking place.
Notaries should stay informed about the latest changes to notary laws and best practices. Many states offer training and continuing education programs for notaries.
Best practices for executing a jurat
When performing a jurat, it’s important to follow best practices to ensure the validity and legality of the notarization. Here’s a breakdown:
- Verify Identification Carefully: Always ask for a valid photo ID and compare it to the person standing before you. Record the type of ID in your notary journal.
- Administer the Oath Clearly: Use language that’s easy to understand when you administer the oath or affirmation. Make sure the person understands they’re swearing the document is truthful.
- Complete the Jurat Certificate Accurately: Fill in all the blanks on the jurat certificate, including the date, location, and your name and commission details. Make sure your seal or stamp is easy to read.
- Maintain a Notary Journal: Keep a detailed record of every notarization. Include the date, time, person’s name, type of document, and type of ID. A good journal can help you if someone challenges the notarization later.
- Stay Compliant with State Laws: Know your state’s notary laws and regulations. Take training courses to stay up-to-date.
Wrapping Up
To sum it up, a jurat requires the person signing the document (the affiant) to be physically present before a notary public. The affiant must swear or affirm that the contents of the document are true, and the notary must certify that the oath or affirmation was properly administered.
It’s essential to get the notarization right. Accurate notarization is crucial for making sure legal documents are valid and can be admitted as evidence in court.
Notaries play a critical role in preventing fraud and maintaining the integrity of all kinds of legal documents, so it’s important to understand what a jurat is and what it requires.