NYS NYS Notary Oaths and Affirmations 3

Question 1

Which of the following best describes a 'deposition' in the context of New York notarial practice?

Accepted Answer

A sworn out-of-court statement taken before an authorized officer such as a notary

Answer

A deposition is sworn testimony taken outside of court before an officer authorized to administer oaths, including a notary public.

Question 2

A New York notary administers an oath but forgets to sign the jurat. The affidavit is:

Accepted Answer

Defective and may be rejected by a court or government agency

Answer

An unsigned jurat is a defective notarial certificate; courts and agencies routinely reject such documents.

Question 3

When is it appropriate for a New York notary to use the words 'subscribed and sworn' on a jurat?

Accepted Answer

When the affiant both signed the document in the notary's presence and was administered an oath or affirmation

Answer

'Subscribed and sworn' means the signer signed in the notary's presence and was placed under oath at the same time.

Question 4

May a New York notary administer an oath to a person who does not speak English?

Accepted Answer

Yes, using an interpreter or in the person's language as long as the notary can communicate the oath's meaning

Answer

A notary may use an interpreter to ensure the affiant understands and agrees to the oath, even if English is not spoken.

Question 5

Which of the following is NOT a valid reason for a New York notary to refuse to administer an oath?

Accepted Answer

The signer insists on an affirmation instead of an oath

Answer

Requesting an affirmation instead of an oath is a valid legal right — a notary must honor this preference.

NYS - New York State Notary Exam Practice Test