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 New York, 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 their truthfulness. This process must occur in the presence of a notary public. Notaries are licensed individuals authorized to perform certain legal formalities, including administering oaths and affirmations. Affidavits are utilized in various legal contexts, including but not limited to supporting search warrants, self-proving wills, and court filings. A jurat is the portion of the affidavit that certifies the notary has administered an oath or affirmation to the affiant, witnessed the affiant's signature, and confirmed the date of signing. The jurat must state the location where the affidavit was signed and include a statement similar to 'Sworn to and subscribed before me, the undersigned notary public, by (affiant) on this (date) day of (month), (year).' It concludes with the notary's signature and official stamp or seal. New York State law requires that the notary public must be satisfied with the identity of the person signing the document and that the signature is made willingly and without duress.