When a person signing a legal document such as an affidavit (known as the affiant) is required to swear to or affirm the affiant’s personal knowledge of the facts stated in the affidavit and their truthfulness, the affiant’s spoken statement swearing to or affirming the facts must be made in the presence of a licensed person known as a notary public (notary).
Affidavits are required to support legal documents ranging from a search warrant, to a self-proving will, to certain documents filed with the court in litigation.
A jurat is a brief statement that usually appears at the end of a legal document such as an affidavit and serves as certification that the notary administered an oath or affirmation to the affiant; that the affiant swore to or affirmed the affiant’s personal knowledge of the facts stated in the affidavit and that the facts are true and correct; that the affiant signed the affidavit in the presence of the notary; and that the affiant signed the affidavit on the date indicated in the jurat.
The jurat typically identifies the state and county in which the affidavit is signed and includes words such as “Sworn to and subscribed before me, the undersigned notary public, by __________(affiant) on this ______ (date) day of ______ (month), _______ (year).” This statement is followed by the notary public’s signature and official stamp or seal.
In North Carolina, when an individual (affiant) signs a legal document such as an affidavit, they must swear to or affirm their personal knowledge of the facts stated within the document and attest to their truthfulness. This declaration must be made in the presence of a notary public. Notaries are licensed individuals authorized to perform acts in legal affairs, in particular witnessing signatures on documents. The process of swearing to or affirming the facts is typically formalized in a jurat, which is a statement at the end of the affidavit. The jurat confirms that the notary administered an oath or affirmation, that the affiant acknowledged the truthfulness of the information, that the affidavit was signed in the notary's presence, and that it was signed on the date specified in the jurat. The jurat must include the state and county of execution and is completed with the notary's signature and official stamp or seal. Affidavits are used in various legal contexts in North Carolina, such as supporting a search warrant, creating a self-proving will, or accompanying certain court documents.