AZ Notary Oaths and Affirmations 3

Question 1

An Arizona notary is asked to administer an oath to a person who is about to sign an affidavit.
The person says 'I don't want to repeat the words — can you just have me raise my hand?' What should the notary do?

Accepted Answer

The notary should explain that a valid oath or affirmation requires the person to verbally assent — asking them to say 'I do' or 'I swear' or 'I affirm' in response to the oath language

Answer

Accept the hand-raising as a sufficient oral oath

Answer

Allow the hand-raising only if the notary records in the journal that a non-verbal oath was administered

Answer

Refuse to administer any oath and proceed with an acknowledgment instead

Question 2

What is an 'oral oath' in Arizona notary practice, and when would a notary administer one without a written document?

Accepted Answer

An oral oath is a sworn statement administered verbally with no accompanying written document, appropriate for swearing in witnesses before testimony or other situations where a written affidavit is not being used

Answer

Oral oaths are not recognized in Arizona — all oaths must accompany a written document

Answer

An oral oath is a simplified jurat used for documents under $1,000 in value

Answer

Oral oaths are exclusively the domain of judges and cannot be administered by notaries

Question 3

What is the legal significance of the word 'affirm' versus 'swear' in notarial certificates that appear on Arizona affidavits?

Accepted Answer

Both are legally equivalent as to consequences (perjury for false statements), but using the correct word reflects whether the signer chose an oath ('swear') or affirmation ('affirm')

Answer

There is no legal significance — both words mean the same thing and are interchangeable in all contexts

Answer

Only 'swear' creates a legal obligation — 'affirm' is merely expressive and has no legal consequence

Answer

Courts in Arizona require 'swear' for criminal affidavits and accept 'affirm' only for civil affidavits

Question 4

An Arizona notary who is also a commissioned military officer is deployed. While deployed, a fellow service member asks the notary to administer an oath for a military affidavit. Can the military officer/notary act as a notary while deployed outside Arizona?

Accepted Answer

No, an Arizona notary commission is valid only within Arizona's geographic boundaries; outside of Arizona, the person would need to use a different authority (such as military officer authority under federal law)

Answer

Yes, an Arizona notary commission has federal jurisdiction that extends worldwide

Answer

Yes, but only within the United States territories

Answer

No, a notary commission is automatically suspended during military deployment

Question 5

What should an Arizona notary do if asked to administer an oath for a purpose the notary believes is immoral but not illegal?

Accepted Answer

The notary may refuse as a matter of professional discretion, but should be cautious about refusals that constitute illegal discrimination based on protected characteristics

Answer

Refuse based on moral objection — notaries have full discretion to refuse any notarization they find objectionable

Answer

Comply — notaries have no discretion and must perform all lawful acts requested

Answer

Refer the matter to the Secretary of State for a ruling before acting

Question 6

What is the procedure for an Arizona notary to administer an oath to a person who is swearing to the truth of an inventory or accounting, such as in a probate proceeding?

Accepted Answer

The notary verifies the person's identity, administers the oath verbally asking the person to swear or affirm to the accuracy of the inventory, receives their verbal assent, has them sign the document, and completes the jurat certificate

Answer

Probate oaths may only be administered by probate court judges or clerks, not notaries

Answer

The notary administers a special 'accounting oath' that differs from standard notarial oath language

Answer

The notary must first obtain authorization from the Maricopa County probate court for each oath

An Arizona notary is asked to administer an oath to a person who is about to sign an affidavit.The person says 'I don't want to repeat the words — can you just have me raise my hand?' What should the notary do?

An Arizona notary is asked to administer an oath to a person who is about to sign an affidavit.
The person says 'I don't want to repeat the words — can you just have me raise my hand?' What should the notary do?