Oaths and Affirmations Flashcards

What is a 'sworn statement' in legal practice?

Answer: A written statement signed under oath or affirmation before a notary

A sworn statement is a written document whose contents the signer attests to under oath or affirmation before a notary or other authorized officer.

Can a signer substitute an affirmation for an oath due to religious beliefs?

Answer: Yes, any person may choose an affirmation over an oath for any reason

The right to affirm instead of swear is unconditional and the notary must honor a request for an affirmation without requiring explanation.

What is required for an oath administered by a notary to be legally valid?

Answer: Personal presence of the person taking the oath and their affirmative response

A valid oath requires the person to be personally present before the notary and to verbally respond affirmatively to the oath or affirmation.

When administering an oath for a deposition, what must the Wyoming notary ensure?

Answer: The witness is personally present and takes the oath before any testimony is given

For deposition oaths, the witness must personally appear before the notary and be sworn in before giving any testimony.

What is an 'affiant'?

Answer: A person who signs an affidavit and swears to its contents before a notary

An affiant is the individual who makes and swears to the statements contained in an affidavit before a notary or other authorized officer.

If a person refuses to take an oath or affirmation for a jurat, what should the Wyoming notary do?

Answer: Decline to complete the notarization, as an oath or affirmation is required for a jurat

An oath or affirmation is an essential element of a jurat; without it, the notary must refuse to complete the notarization.