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 West Virginia, 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 process must occur 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 purpose of a notary is to prevent fraud and to ensure the parties involved in the signing of a sensitive document are who they claim to be. Affidavits are utilized in various legal contexts, including but not limited to supporting search warrants, self-proving wills, and certain court filings. A jurat is the part of an affidavit where the notary public certifies that the affiant has made an oath or affirmation regarding the truth of the information within the affidavit, that the affiant signed the document in the notary's presence, and that the signing occurred on the date specified in the jurat. The jurat must include the location where the affidavit was signed and is completed with the notary public's signature and official stamp or seal. West Virginia state statutes and federal law govern the notarization process, including the requirements for jurats, to ensure the integrity of the sworn statements and the authentication of the affiant's signature.