Oaths & Affirmations Flashcards

A Pennsylvania notary is asked to administer an oath for an affidavit. The signer states they do not believe in God. What should the notary do?

Answer: Administer an affirmation instead of an oath

When a signer objects to an oath on religious or conscientious grounds, the notary must offer an affirmation, which carries the same legal effect as an oath.

Which of the following documents typically requires the administration of an oath or affirmation by a Pennsylvania notary?

Answer: An affidavit submitted as evidence in a court proceeding

Affidavits are sworn written statements that require the signer to take an oath or affirmation before a notary, confirming the truthfulness of the document's contents.

What must appear on the jurat certificate that a Pennsylvania notary completes after administering an oath?

Answer: The venue (county and state), notary signature, seal, commission expiration date, and a statement that the oath was administered

A jurat must include the venue, the notary's signature and seal, the commission expiration date, and language confirming the signer subscribed and swore before the notary.

May a Pennsylvania notary express a preference for an oath over an affirmation, or vice versa, when asked to administer one?

Answer: No, the notary must remain neutral and respect the signer's choice

Pennsylvania law requires the notary to remain neutral—a notary may not express a preference for or against either form of pledge; the signer's choice governs.

What is a deposition, and what role does a Pennsylvania notary play when one is taken?

Answer: A deposition is sworn out-of-court testimony; the notary administers the oath to the witness before testimony is given

In a deposition, a notary may administer the oath or affirmation to the witness before sworn testimony is recorded, serving as the administering officer.

A PA notary administers an oath but forgets to verbally say the oath words and simply has the signer raise their hand and sign. What is the legal effect?

Answer: The notarial act is defective because the verbal administration of the oath was omitted

Administering an oath requires that the notary verbally deliver the oath words with ceremony; omitting the verbal component makes the notarial act legally defective.

Under Pennsylvania law, besides notaries public, which of the following officers is ALSO authorized to administer oaths?

Answer: Magisterial district judges and other judicial officers

In Pennsylvania, magisterial district judges, justices of the peace, and other judicial officers are authorized by statute to administer oaths, in addition to notaries public.