A signer refuses to swear or affirm that the statements in an affidavit are true. What may the notary do?

The oath is not a formality attached to a jurat; it is the substance of it. A jurat certifies that the signer appeared, was identified, signed in the notary's presence, and swore or affirmed to the truth of the contents — and if the swearing does not happen, there is nothing to certify. A signer who refuses to swear or affirm has declined to perform the essential element, so the notary cannot complete the act and must decline. The available alternatives are all worse. Performing the jurat and noting the refusal would place a false certificate in circulation, since the certificate states the oath was taken. Substituting an acknowledgment changes the legal effect of the document without authority and would defeat the purpose of a document drafted to require sworn statements. And an oath cannot be delegated to a witness, because the affirmation must come from the person whose statements they are. The proper course is to decline, explain why, and record the refusal in the journal.

The oath or affirmation is the essential element of a jurat, so a refusal to swear means the act cannot be completed and the notary must decline.

A jurat requires the signer to appear, be identified, sign in the notary's presence, and take an oath or affirmation as to the truth of the contents. The oath is essential and cannot be omitted or delegated.

No Oath, No Jurat. The certificate says they swore it — so they have to have sworn it.

Affirmation carries identical legal weight to an oath. Offering it resolves many refusals before they become a decline.

• •Completing the jurat and noting the refusal
• •Converting the act to an acknowledgment
• •Not offering the affirmation alternative