HI Notary Acknowledgments and Jurats 2 — Questions and Answers
Question 1: A Hawaii notary is asked to notarize a deed. The deed requires an acknowledgment. The signer has not yet signed the deed. What must happen?
- The notary must refuse — the deed must be pre-signed
- The signer may sign the deed in the notary's presence or before appearing, and then acknowledge their signature (Correct answer)
- The notary signs for the signer as a witness
- The signer must sign in the county recorder's office
Correct answer: The signer may sign the deed in the notary's presence or before appearing, and then acknowledge their signature
For an acknowledgment, the signer may sign before or in front of the notary, then acknowledge the signature before the notary.
An acknowledgment in Hawaii is flexible regarding when the document is signed. The signer may have signed the document previously (before appearing before the notary) and is now acknowledging that signature, or they may choose to sign the document in the notary's presence during the acknowledgment appointment. Either approach is valid. What matters is that the signer personally appears before the notary, is identified, and acknowledges that the signature on the document is their own and was made voluntarily.
Question 2: For a Hawaii jurat on an affidavit, if the notary forgets to administer the oath before the signer leaves, what should happen?
- The jurat is valid as long as the signer signed in the notary's presence
- The jurat is defective — the signer must return and the oath must be administered (Correct answer)
- The notary can administer the oath by phone
- The notary can sign the certificate noting the oath was 'intended'
Correct answer: The jurat is defective — the signer must return and the oath must be administered
A jurat without an administered oath is defective. The signer must return for the oath to be properly administered.
The oath or affirmation is the central requirement of a jurat. If a notary forgets to administer the oath, the jurat certificate cannot be validly completed because the notary cannot certify that they administered an oath that never occurred. The signer must return in person, and the oath must be administered with both parties present. Administering an oath by phone is not acceptable for a traditional notarization. The notary should note the issue in their journal and complete a fresh, correct certificate.
Question 3: In Hawaii, which of the following statements about the acknowledgment process is TRUE?
- The signer must swear the document's contents are true when making an acknowledgment
- The notary must ask the signer if they signed the document voluntarily and the signer must confirm (Correct answer)
- The acknowledgment requires two witnesses in addition to the notary
- The signer must sign in the notary's presence — prior signatures are invalid
Correct answer: The notary must ask the signer if they signed the document voluntarily and the signer must confirm
The notary must confirm that the signer signed the document voluntarily — this is the acknowledgment the signer makes.
During an acknowledgment in Hawaii, after verifying the signer's identity, the notary must confirm that the signer voluntarily executed the document — that they signed it willingly, without duress or coercion. The notary asks the signer to acknowledge (confirm) that the signature is their own and was made of their own free will. The signer does not swear to the truth of the document's contents (that would make it a jurat). Witnesses are not required for standard acknowledgments; two-witness requirements come from the specific type of document, not from notary law.
Question 4: A Hawaii court affidavit requires a jurat. The signer says they want to use an affirmation instead of an oath. Can they?
- No — court documents require a sworn oath, not an affirmation
- Yes — affirmations are legally equivalent to oaths for jurats (Correct answer)
- Only with written approval from the judge
- Only in civil cases, not criminal ones
Correct answer: Yes — affirmations are legally equivalent to oaths for jurats
An affirmation is fully equivalent to an oath under Hawaii law and is acceptable for court affidavits and any document requiring a jurat.
Under Hawaii law, an affirmation is fully equivalent to an oath in all legal contexts, including court proceedings and sworn affidavits. The notary may administer an affirmation by asking the signer to 'affirm, under penalty of perjury, that the contents of this document are true and correct.' The legal consequences for a false affirmation are identical to those for a false oath. There is no limitation on using affirmations in criminal cases or requiring court approval to use an affirmation.
Question 5: What phrase is typically found in a Hawaii jurat certificate that distinguishes it from an acknowledgment?
- '...who is personally known to me or proved to me...'
- '...subscribed and sworn (or affirmed) before me...' (Correct answer)
- '...acknowledged to me that they executed the same...'
- '...certified to be a true and correct copy...'
Correct answer: '...subscribed and sworn (or affirmed) before me...'
'Subscribed and sworn before me' is the signature phrase of a jurat, indicating the document was signed in the notary's presence and an oath was administered.
The phrase 'subscribed and sworn (or affirmed) before me' is the defining language of a jurat certificate. 'Subscribed' means the signer signed the document in the notary's presence; 'sworn (or affirmed)' means the notary administered an oath or affirmation. This combination is unique to jurats. An acknowledgment certificate instead uses language like 'acknowledged to me that they executed the same,' without any reference to swearing. Copy certifications use entirely different language. Recognizing these phrases allows the notary to identify what type of act is required.
Question 6: Under what circumstances can a Hawaii notary refuse to administer an oath for a jurat?
- If the signer is rude or unpleasant
- If the notary has reason to believe the signer will perjure themselves or the oath is being used for an illegal purpose (Correct answer)
- If the document is written in a foreign language
- If the notary personally disagrees with the document's content
Correct answer: If the notary has reason to believe the signer will perjure themselves or the oath is being used for an illegal purpose
A notary may refuse to administer an oath if they have reasonable belief it will be used for an illegal purpose, such as perjury or fraud.
While notaries generally must serve the public without discrimination, they may refuse to perform a notarial act if they have reasonable grounds to believe it would facilitate fraud, perjury, or another illegal purpose. If a signer openly states that they intend to swear falsely, or if the circumstances clearly indicate an illegal purpose, the notary should refuse to administer the oath. However, a notary may not refuse simply because they personally disagree with the document's content, find the signer unpleasant, or have concerns about the document's wisdom — the basis for refusal must be an objective legal concern.
HI Notary Acknowledgments and Jurats 2
A Hawaii notary is asked to notarize a deed.
The deed requires an acknowledgment.
The signer has not yet signed the deed.
What must happen?