AZ Notary Oaths and Affirmations 1 — Questions and Answers
Question 1: Under Arizona law, what is the key difference between an oath and an affirmation when administered by a notary?
- An oath invokes a divine being, while an affirmation is a solemn pledge on the affiant's personal honor (Correct answer)
- An oath is only valid for court documents, while an affirmation can be used for any document
- An oath requires a witness, while an affirmation does not
- An oath and an affirmation have entirely different legal effects
Correct answer: An oath invokes a divine being, while an affirmation is a solemn pledge on the affiant's personal honor
An oath is a solemn pledge invoking a divine being, while an affirmation is an equally solemn pledge on the person's personal honor, used when the individual has a conscientious objection to swearing by a deity.
ARS §41-311 authorizes Arizona notaries to administer oaths and affirmations. An oath traditionally calls upon a Supreme Being to witness the pledge ('So help me God'), while an affirmation substitutes a solemn promise on the person's own honor, used by those whose beliefs do not permit swearing by a divine being. Both are equally binding under Arizona law, and making a false statement under either constitutes perjury. Notaries must offer an affirmation as an alternative whenever requested.
Question 2: When administering an oath or affirmation in Arizona, the notary public must:
- Require the person to appear in person and verbally respond to the notary's words (Correct answer)
- Only obtain the person's written signature on an affidavit
- Record the exact wording of the oath in the notary journal
- Charge a separate fee for oaths versus affirmations
Correct answer: Require the person to appear in person and verbally respond to the notary's words
For a valid oath or affirmation in Arizona, the person must be personally present before the notary and verbally respond (e.g., 'I do' or 'I swear/affirm') to confirm their commitment to the truthfulness of their statement.
Unlike an acknowledgment (which confirms a signature already made), an oath or affirmation requires active verbal participation by the person. The notary reads or recites the oath/affirmation, and the person must verbally affirm their commitment to telling the truth. Personal presence is mandatory. The Arizona Notary Public Reference Manual states that the notary must actually pose the question and receive a verbal response—going through the motions without a genuine exchange is insufficient and potentially invalid.
Question 3: A notary public in Arizona charges $10 for administering an oath. Under ARS §41-328, this fee is:
- Within the legal limit, as the maximum fee for administering an oath is $10 (Correct answer)
- Illegal, as notaries cannot charge for administering oaths
- Too low — the minimum fee is $15 for oaths
- Only permissible if the oath is for a court proceeding
Correct answer: Within the legal limit, as the maximum fee for administering an oath is $10
ARS §41-328 sets the maximum fee for administering an oath or affirmation at $10. Charging $10 is exactly at the legal limit and therefore permissible.
Arizona Revised Statutes §41-328 establishes a schedule of maximum fees notaries may charge. For administering an oath or affirmation, the maximum is $10 per act. Notaries may charge less or nothing at all, but may not exceed this amount. Charging more than the statutory maximum is a violation that can result in disciplinary action including revocation of the notary's commission. It is important to note these fees are for the notarial act itself; notaries who also provide other professional services (e.g., paralegal work) may charge separately for those non-notarial services.
Question 4: Which of the following is a proper use of an oath administered by an Arizona notary public?
- Swearing in a deponent before they give testimony at a deposition (Correct answer)
- Certifying that a photocopy is a true copy of an original document
- Acknowledging that a grantor signed a deed voluntarily
- Witnessing the signing of a will
Correct answer: Swearing in a deponent before they give testimony at a deposition
Administering an oath to a deponent before a deposition is a classic and proper use of a notary's authority to administer oaths in Arizona.
Arizona notaries have statutory authority under ARS §41-311 to administer oaths and affirmations. A deposition is a formal proceeding where a witness (deponent) gives sworn testimony outside of court. The notary (or court reporter authorized as a notary) administers the oath to the deponent, pledging them to testify truthfully. The other options describe different notarial acts: certifying copies, taking acknowledgments, and witnessing signatures are separate acts governed by different rules.
Question 5: What wording is commonly used by an Arizona notary when administering an oath?
- 'Do you solemnly swear that the statements you are about to make are true, so help you God?' (Correct answer)
- 'I hereby certify that the foregoing document is true and correct to the best of my knowledge.'
- 'Do you acknowledge that you signed this document freely and voluntarily?'
- 'I affirm that no fraud or misrepresentation has occurred in this transaction.'
Correct answer: 'Do you solemnly swear that the statements you are about to make are true, so help you God?'
The standard wording for an oath requires the notary to ask the person to swear to the truth of their statements, invoking divine witness. The person then responds 'I do' or 'I swear.'
The Arizona Notary Public Reference Manual provides sample language for administering oaths. The notary poses the oath as a question: 'Do you solemnly swear that the statements you are about to make are true, to the best of your knowledge and belief, so help you God?' The deponent or affiant responds affirmatively. If the person requests an affirmation instead, the wording changes to 'Do you solemnly affirm, under penalty of perjury, that the statements you are about to make are true?' — removing reference to a deity. Both forms are legally equivalent.
Question 6: An Arizona notary is asked to administer an affirmation to a person who objects to swearing by God on religious grounds. The notary should:
- Administer an affirmation using language that does not reference a divine being (Correct answer)
- Refuse the request because oaths are mandatory for all legal documents
- Require the person to obtain a court order before using an affirmation
- Note the religious objection in the journal and proceed with a standard oath
Correct answer: Administer an affirmation using language that does not reference a divine being
By law, a notary must offer an affirmation as an alternative to an oath when requested. The affirmation has identical legal effect and omits reference to a deity, instead invoking the person's personal honor.
ARS §41-311 explicitly authorizes Arizona notaries to administer both oaths and affirmations. An affirmation is constitutionally required as an alternative to an oath for persons whose sincerely held beliefs—religious or otherwise—prevent them from swearing by a divine being. Refusing to administer an affirmation when requested would be a violation of the person's rights and the notary's statutory duty. The notary should simply substitute affirmation language: 'Do you solemnly affirm, under penalty of perjury, that...' The legal effect is identical to an oath.
AZ Notary Oaths and Affirmations 1
Under Arizona law, what is the key difference between an oath and an affirmation when administered by a notary?