Affidavits & Oaths: Notary FAQs

An affidavit is a written statement made under oath or affirmation. The person making the statement (affiant) swears or affirms that the facts stated are true. Affidavits are used in court proceedings, legal disputes, and to verify facts without live testimony.

The notary: (1) verifies the affiant's identity; (2) asks the affiant if they understand the statement and its legal consequences; (3) administers the oath or affirmation; (4) witnesses the signature; and (5) applies their seal and signature. The notary does NOT determine if the facts are true.

An oath is a promise before God or a higher power, while an affirmation is a solemn promise without religious language. Both have equal legal effect. Notaries offer both options, and the affiant chooses which they prefer.

Many affidavits must be notarized, especially for court proceedings and legal disputes. However, requirements vary by jurisdiction and purpose. Some affidavits can be sworn before a court clerk or other authorized official instead. Check the specific requirements.

Typically no. The notary must witness the affiant signing the affidavit as part of the notarization. The notary's presence and attestation are essential to the document's legal validity.

If the affiant cannot appear in person, remote online notarization (RON) is available in most states (if authorized). The affiant must be visible on video, provide ID, and sign electronically. Alternatively, some documents can be notarized by a notary in the affiant's location.

Generally yes. An affidavit notarized by a notary commissioned in State A is valid in State B (and elsewhere) because notaries are commissioned by their home state. However, some jurisdictions may have special requirements. Verify with the court or agency accepting the affidavit.

Yes. A notary can decline if they believe the document is fraudulent, the signer doesn't appear to understand it, the signer is under duress, or if notarizing would violate state law or professional ethics. Notaries have discretion to refuse.