PA Notary Oaths & Affirmations 2 — Questions and Answers
Question 1: 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?
- Refuse to notarize the affidavit
- Require the signer to find a notary of the same religious belief
- Administer an affirmation instead of an oath (Correct answer)
- Proceed with the oath and note the signer's objection in the journal
Correct 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.
Question 2: Which of the following documents typically requires the administration of an oath or affirmation by a Pennsylvania notary?
- A contract for the sale of goods under $500
- An affidavit submitted as evidence in a court proceeding (Correct answer)
- A deed transferring real estate requiring an acknowledgment
- A corporate resolution authorizing officers to sign
Correct 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.
Question 3: What must appear on the jurat certificate that a Pennsylvania notary completes after administering an oath?
- The signer's social security number and date of birth
- The venue (county and state), notary signature, seal, commission expiration date, and a statement that the oath was administered (Correct answer)
- The names of all witnesses present and their addresses
- A certified copy of the document's full content
Correct 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.
Question 4: May a Pennsylvania notary express a preference for an oath over an affirmation, or vice versa, when asked to administer one?
- Yes, if the notary believes an oath is more legally binding
- Yes, if the type of document being signed requires it by law
- No, the notary must remain neutral and respect the signer's choice (Correct answer)
- No, unless the document specifically mandates an oath by statute
Correct 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.
Question 5: What is a deposition, and what role does a Pennsylvania notary play when one is taken?
- A deposition is a property transfer; the notary acknowledges the grantor's signature
- A deposition is sworn out-of-court testimony; the notary administers the oath to the witness before testimony is given (Correct answer)
- A deposition is a type of affidavit filed with the courts; the notary certifies the copy
- A deposition is a formal court hearing; notaries are not permitted to participate
Correct 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.
Question 6: 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?
- The oath is still valid because the signer raised their right hand
- The notarial act is defective because the verbal administration of the oath was omitted (Correct answer)
- The oath is valid if the jurat certificate is properly completed and sealed
- The notary must re-administer the oath within 30 days to cure the defect
Correct 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.
Question 7: Under Pennsylvania law, besides notaries public, which of the following officers is ALSO authorized to administer oaths?
- Licensed attorneys acting in their private practice
- Magisterial district judges and other judicial officers (Correct answer)
- Bank branch managers for financial affidavits
- Real estate agents for property-related affidavits
Correct 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.
PA Notary Oaths & Affirmations 2
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?