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

A valid oath or affirmation requires verbal assent — the person must audibly respond to the oath. Raising one's hand is a ceremonial gesture, not the oath itself. The notary should ask the person to respond verbally ('I do' or 'I swear' is sufficient).

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

Arizona notaries may administer oral oaths — sworn verbal statements without a written document — in situations such as swearing in witnesses before testimony, swearing in interpreters, or other contexts where a verbal oath is needed.

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

Both 'swear' and 'affirm' create legally equivalent obligations, and a false statement under either is criminal. The choice of word reflects the signer's choice between a religious oath (swear) and a secular affirmation (affirm), but the legal consequences for false statements are identical.

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

An Arizona notary commission is valid only within Arizona's geographic boundaries. Outside Arizona, the commission provides no authority. However, a military officer may have authority to administer oaths and perform notarial acts under federal military law (10 U.S.C. § 1044a), separate from their state notary commission.

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

Arizona notaries have discretion to refuse notarizations they find objectionable on personal or moral grounds, provided the refusal does not constitute illegal discrimination based on protected characteristics (race, religion, national origin, sex, disability, etc.).

AZ Notary - Arizona Notary Exam Practice Test

AZ Notary - Arizona Notary Exam Practice Test

AZ Notary Oaths and Affirmations 3