AZ Notary Administering Oaths and Affirmations 2 — Questions and Answers
Question 1: When administering an oath in Arizona, what is the notary required to have the affiant do?
- Sign a written statement
- Raise their right hand (Correct answer)
- Present two forms of identification
- Pay a separate oath fee
Correct answer: Raise their right hand
Arizona law requires that when administering an oath, the notary must have the affiant raise their right hand and swear to the truthfulness of the statement. This is the traditional form of oath administration.
Question 2: What is the key legal difference between an oath and an affirmation in Arizona?
- An oath is for criminal matters, an affirmation is for civil
- An oath invokes a higher power, an affirmation does not (Correct answer)
- An affirmation requires witnesses, an oath does not
- There is no legal difference in their effect
Correct answer: An oath invokes a higher power, an affirmation does not
An oath traditionally invokes God or a higher power ("so help me God"), while an affirmation is a solemn declaration without religious reference. However, both carry the same legal weight and penalties for perjury.
Question 3: A signer tells the Arizona notary they cannot swear an oath due to religious beliefs. What should the notary do?
- Refuse to notarize the document
- Administer an affirmation instead (Correct answer)
- Contact the Secretary of State for guidance
- Require the signer to find another notary
Correct answer: Administer an affirmation instead
Arizona notaries must offer an affirmation as an alternative to an oath when a signer has religious or conscientious objections to swearing. Both have identical legal standing.
Question 4: Which of the following documents typically requires an oath or affirmation administered by an Arizona notary?
- A simple copy certification
- An acknowledgment on a deed
- A jurat on a sworn affidavit (Correct answer)
- A signature witnessing
Correct answer: A jurat on a sworn affidavit
A jurat requires the notary to administer an oath or affirmation to the signer, who must sign the document in the notary's presence. Acknowledgments, by contrast, only verify identity and voluntary signing.
Question 5: What penalty can an affiant face in Arizona for making a false statement under oath or affirmation administered by a notary?
- A civil fine of up to $500
- Revocation of their notary commission
- Criminal charges for perjury (Correct answer)
- Mandatory community service
Correct answer: Criminal charges for perjury
Making a false statement under oath or affirmation constitutes perjury under Arizona law, which is a criminal offense. This applies equally whether the statement was made under oath or affirmation.
Question 6: An Arizona notary is asked to administer an oath over the phone for a sworn statement. How should they proceed?
- Administer the oath as requested since verbal oaths are valid
- Decline because the affiant must be physically present (Correct answer)
- Proceed only if the call is recorded
- Administer it if the affiant emails a copy of their ID first
Correct answer: Decline because the affiant must be physically present
Arizona law requires the affiant to be physically present before the notary when an oath or affirmation is administered. Remote oaths by phone are not permitted under standard notary authority.
AZ Notary Administering Oaths and Affirmations 2
When administering an oath in Arizona, what is the notary required to have the affiant do?