California Notary Oath and Affirmation: When and How to Administer One (2026 Guide)

An oath is a solemn verbal promise, typically invoking a higher power, in which the person pledges that their statements are true under penalty of perjury. An affirmation serves the same legal purpose but omits any religious reference. California law treats both identically. The signer (or witness) chooses which form to take, and the notary must honor that choice. Administering oaths and affirmations is one of the core duties of a California notary public. It is not optional in the situations where law requires it, and skipping the oath is one of the most common mistakes notaries make. On the California notary exam, questions about when an oath is required and when it is not appear frequently.

California law requires a notary to administer an oath or affirmation in several specific situations. Jurats are the most common. When completing a jurat, the notary must administer an oath or affirmation in which the signer swears that the statements in the document are true (Gov. Code Section 8202). The signer must also sign the document in the notary's presence. Both requirements are mandatory for a valid jurat. Credible witness identification also requires an oath. When a signer lacks acceptable ID, one or two credible witnesses can vouch for the signer's identity. Each credible witness must take an oath before the notary, swearing to five specific things (Civil Code Section 1185(b)(1) and (b)(2)). Proof of execution by subscribing witness involves two separate oaths. The credible witness must swear under oath that they personally know the subscribing witness (Civil Code Section 1196). Then the subscribing witness must swear under oath that they know the principal, that they saw or heard the principal sign or acknowledge the document, and that the principal asked them to sign as a witness (Civil Code Sections 1195 and 1197). Depositions also require the notary to administer an oath to the deponent before testimony begins. One critical point for the exam: an acknowledgment does NOT require an oath. For an acknowledgment, the signer simply acknowledges having signed the document. No swearing or affirming is involved. This is one of the key differences between an acknowledgment and a jurat.

The only difference is the wording. An oath traditionally uses the word "swear" and may reference a higher power: "Do you swear that the statements in this document are true, so help you God?" An affirmation replaces "swear" with "affirm" and drops any religious language: "Do you affirm that the statements in this document are true?" Both carry the same legal weight. A person who lies after taking either an oath or an affirmation is equally subject to perjury charges. The notary cannot pressure the signer into choosing one over the other. If a signer requests an affirmation instead of an oath, the notary must provide it without question or hesitation. On the exam, if a question asks whether an affirmation is a valid substitute for an oath, the answer is always yes.

California law does not prescribe exact wording for the jurat oath, but the Secretary of State provides an acceptable version: "Do you swear or affirm that the statements in this document are true?" (Gov. Code Section 8202). The key elements are that the person must verbally respond in the affirmative. A nod or silence is not sufficient. The notary must actually ask the question and receive a spoken answer. Traditionally, both the notary and the signer raise their right hands during the oath. However, this is not a legal requirement in California. Raising the hand is a ceremonial custom, not a statutory mandate. What matters is that the oath or affirmation is verbally administered and verbally accepted. The jurat certificate is identified by the phrase "Subscribed and sworn to (or affirmed)" in its wording. When you see this language on a certificate, it signals that an oath or affirmation is required. If you complete a jurat certificate without actually administering the oath, you have falsely certified that the signer was sworn, which is grounds for discipline.

When a credible witness is used to identify a signer who lacks acceptable ID, the oath is more specific than the general jurat oath. Under Civil Code Section 1185(b)(1)(A), the credible witness must swear or affirm all five of the following: 1. The person appearing before the notary is the person named in the document. 2. The credible witness personally knows the signer. 3. The credible witness reasonably believes the signer cannot obtain another form of identification. 4. The signer does not possess any of the acceptable identification documents listed in the statute. 5. The credible witness does not have a financial interest in the document and is not named in the document. If a single credible witness is used, that witness must be personally known to the notary, and the notary must verify the witness's identity using acceptable ID documents from the statute (Civil Code Section 1185(b)(1)). If two credible witnesses are used, the notary does not need to personally know them, but must still verify both of their identities using acceptable ID documents (Civil Code Section 1185(b)(2)). Both witnesses must each swear to all five elements and both must sign the notary's journal.

Proof of execution involves more participants and more oaths than other notarial acts. This procedure is used when the principal (signer) cannot personally appear before the notary and instead sends a subscribing witness who watched the signing. The process requires two separate oaths. First, a credible witness, who must be personally known to the notary, takes an oath that they personally know the subscribing witness (Civil Code Section 1196). The notary verifies the credible witness's identity using ID documents. Second, the subscribing witness takes an oath swearing that they know the principal, that they saw the principal sign the document or heard the principal acknowledge signing it, and that the principal asked them to sign as a witness (Civil Code Section 1197). Both the subscribing witness and the credible witness interact with the notary's journal. The subscribing witness must sign the journal. The credible witness must either sign the journal or have their ID information recorded by the notary. Remember that proof of execution by subscribing witness cannot be used for certain documents, including power of attorney, quitclaim deeds, grant deeds, deeds of trust, mortgages, security agreements, and other instruments affecting real property (Gov. Code Section 27287, Civil Code Section 1195(b)).

Failing to administer the oath when required is not a minor oversight. Under Gov. Code Section 8214.1(k), failure to administer the oath or affirmation as part of a jurat is a specific ground for the Secretary of State to revoke or suspend your notary commission. Beyond disciplinary action, a jurat completed without an oath is not a valid notarial act. The certificate states that the signer was "sworn to" or "affirmed," and completing that certificate without actually administering the oath means the notary has certified something that did not happen. Under Civil Code Section 1189(a)(4), executing a notarial certificate with statements the notary knows to be false can result in civil penalties of up to $10,000. In practice, some notaries rush through the process and skip the oath, especially when they are busy or feel the formality is unnecessary. This is exactly the kind of shortcut that costs notaries their commissions. The exam tests this point directly because it is such a common real-world mistake.

The California notary exam tests oath and affirmation knowledge in a few predictable ways. Know these patterns and you will be prepared. First, know when an oath is required and when it is not. Jurats require an oath. Credible witness identification requires an oath. Proof of execution requires oaths from both the subscribing witness and the credible witness. Acknowledgments do not require an oath. Second, know that an affirmation is always a valid substitute for an oath. If a question asks whether a notary can provide an affirmation instead of an oath, the answer is yes. Third, know that there is no legally prescribed wording for the oath. The Secretary of State provides suggested language, but the statute does not mandate specific words. The key is that the person verbally commits to the truthfulness of their statements under penalty of perjury. Fourth, know that raising the right hand is traditional but not legally required. Finally, know the consequences. Skipping the oath on a jurat is a ground for commission revocation. This is not a technicality the exam ignores. Ready to start studying? NotaryExamPro has AI-powered practice questions, study guides, and an AI tutor built from the official handbook.