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 South Dakota, when an individual (affiant) signs a legal document like an affidavit, they must swear to or affirm their personal knowledge of the facts within the document and their truthfulness. This process must occur in the presence of a notary public. Affidavits are utilized in various legal contexts, such as supporting a search warrant, validating a self-proving will, or accompanying certain court filings. A jurat is the part of the affidavit that confirms the notary public has administered an oath or affirmation to the affiant, witnessed the affiant's signature, and verified the date of signing. The jurat includes a statement that specifies the state and county where the affidavit is signed, the date, and typically reads '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. South Dakota state statutes and federal law govern the notarization process, ensuring that the affidavit is properly executed and legally valid.