Robert brings a signed affidavit to Notary Lily. He swears to its truthfulness, but Lily notices he signed it before arriving. For a valid jurat, what must Lily do?

The jurat certificate states that the document was subscribed and sworn to before the notary, and both halves of that phrase are literal requirements. Swearing before the notary is satisfied by administering the oath at the appointment. Subscribing before the notary is not satisfied by a signature made at the kitchen table that morning, however genuine. The remedy is simple and is the reason this rarely needs to become a refusal: Robert signs again in Lily's presence. A second signature on the document is entirely proper — the original may be left in place or the new one added, depending on the document's format — and once it is made, every element of the jurat is satisfied and the certificate is true. Refusing outright treats a curable defect as fatal. Completing the jurat as it stands would certify something that did not happen. And converting the act to an acknowledgment changes the document's legal effect without authority, defeating the purpose of a document drafted to require a sworn statement.

A jurat requires the document to be signed in the notary's presence, so the signer signs again before the notary and the jurat is then completed truthfully.

A jurat certifies that a document was subscribed and sworn to before the notary. Both the signature and the oath must occur in the notary's presence, and a pre-signed document is cured by signing again.

Subscribed and Sworn, Both Present. If it was signed at home, sign it again in front of you.

An acknowledgment is the act that permits a prior signature. Choosing between the two is the document's decision, not the notary's.

• •Refusing outright rather than curing the defect
• •Completing the jurat on a pre-signed document
• •Substituting an acknowledgment on the notary's own initiative