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 Can you administer an Oath on a document w/o Jurat
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jbelmont

California
2969 Posts

Posted - 08/05/2018 :  2:16:50 PM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
Carmen and I discussed this issue a few days ago. Can you administer an Oath on a document without a signature and without a Jurat?

Under normal circumstances an Oath on a document would have a Jurat. But, the law does not require the Jurat in my opinion. But why?

An Oath is a purely verbal act. Oaths on Affidavits or Depositions have paperwork, but Oaths for credible witnesses, Oaths for swearing in witnesses at court and Oaths on verbal statements have no paperwork unless your state requires a certificate. This is based on my knowledge which might be outdated.

I once administer an Military Oath for a soldier back in 2002. He had a cheat sheet which constitutes a document. He read the verbiage on the document with his hand up after saying, "I solemnly swear that..." He did not sign the document. I did not notarize the document or attach anything to it. The document was used as a reference for the Oath materials.

I kept a journal entry that I had administer an Oath for Military term of service which is what I put in the document description.

So, my Oath was based on a document with no signature, it was completely oral, and based on how I was trained, completely procedurally correct.

This is not normal for a notary procedure, but that is because Notaries seldom administer Oaths accept for Jurats, and they seldom obey the law on those either and generally skip those Oaths or do them wrong.

What do you think?
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