Oaths and Affirmations Flashcards

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?

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

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).

What is an 'oral oath' in Arizona notary practice, and when would a notary administer one without a written document?

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

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.

What is the legal significance of the word 'affirm' versus 'swear' in notarial certificates that appear on Arizona affidavits?

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')

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.

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?

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)

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.

What should an Arizona notary do if asked to administer an oath for a purpose the notary believes is immoral but not illegal?

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

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.).

What is the procedure for an Arizona notary to administer an oath to a person who is swearing to the truth of an inventory or accounting, such as in a probate proceeding?

Answer: The notary verifies the person's identity, administers the oath verbally asking the person to swear or affirm to the accuracy of the inventory, receives their verbal assent, has them sign the document, and completes the jurat certificate

For probate inventories and accountings, the notary follows standard jurat procedure: verify identity, administer the oath verbally, receive verbal assent, witness the signature, and complete the jurat certificate — the same procedure as for any other jurat.