How to Notarize Affidavits, Declarations, and Sworn Statements Correctly in California

Notarizing affidavits, declarations, and sworn statements is one of the most common tasks notaries public perform in California. However, it’s also one of the areas where mistakes frequently occur. Understanding the difference between jurats and acknowledgments, and knowing when to use each, is essential for ensuring documents are properly notarized and legally valid.

In this comprehensive guide, we’ll walk you through everything you need to know about notarizing these important documents correctly.

Understanding the Difference: Jurats vs. Acknowledgments

The most critical distinction when notarizing affidavits, declarations, and sworn statements is understanding whether the document requires a jurat or an acknowledgment.

What is a Jurat?

A jurat is a notarial act where the signer must:

Appear before the notary in person
Sign the document in the notary’s presence
Take an oath or affirmation swearing that the contents of the document are true

Common jurat language includes phrases like “Subscribed and sworn to before me” or “Signed and sworn to (or affirmed) before me.”

When to use a jurat: Jurats are typically required for affidavits, declarations under penalty of perjury, and sworn statements where the signer is attesting to the truthfulness of the document’s contents.

What is an Acknowledgment?

An acknowledgment is a notarial act where the signer:

Appears before the notary in person
Acknowledges that they signed the document willingly and for the purposes stated in the document
Does NOT need to sign in the notary’s presence (though they often do)
Does NOT take an oath about the document’s truthfulness

Common acknowledgment language includes “Acknowledged before me” or “On this day personally appeared.”

When to use an acknowledgment: Acknowledgments are commonly used for deeds, powers of attorney, and contracts where the focus is on verifying the signer’s identity and willingness to sign, not the content’s truthfulness.

Step-by-Step: Notarizing Affidavits and Sworn Statements

Step 1: Verify the Document Type

Before beginning the notarization, carefully read the document to determine what type of notarial act is required. Look for:

The notarial certificate wording at the end of the document
Terms like “sworn statement,” “affidavit,” or “declaration under penalty of perjury” (these typically require jurats)
Instructions from the document creator or legal entity requesting the notarization

Step 2: Verify the Signer’s Identity

California law requires notaries to verify the identity of document signers using satisfactory evidence. Acceptable forms of identification include:

California driver’s license or ID card
U.S. passport
Foreign passport with an I-94 or visa
Inmate identification card issued by the California Department of Corrections and Rehabilitation
Credible witness testimony (in limited circumstances)

The ID must be current or issued within the past five years, contain a photograph, physical description, and signature of the bearer.

Step 3: Ensure the Signer Understands the Document

While notaries cannot provide legal advice, you should confirm that the signer:

Appears to understand what they are signing
Is signing willingly without duress or coercion
Is mentally competent to sign

If you have concerns about any of these factors, you have the right to refuse the notarization.

Step 4: Administer the Oath or Affirmation (For Jurats)

If the document requires a jurat, you must administer an oath or affirmation. Ask the signer:

“Do you solemnly swear (or affirm) that the statements in this document are true to the best of your knowledge?”

The signer must respond affirmatively, typically with “I do” or “Yes.”

Step 5: Watch the Signer Sign (For Jurats)

For jurat notarizations, the signer MUST sign the document in your presence. If they have already signed it, they must sign again or initial next to their existing signature while you watch.

Step 6: Complete the Notarial Certificate

Fill out the notarial certificate completely and accurately, including:

The venue (county and state where the notarization takes place)
The date of notarization
The signer’s name as it appears on their ID
The type of identification presented
Your signature
Your official seal

Step 7: Record in Your Notary Journal

California law requires notaries to keep a sequential journal of all notarial acts. Record:

Date and time of notarization
Type of document
Type of notarial act performed
Signer’s name and address
Type of identification and identifying number
Fee charged (if any)
Signer’s signature or right thumbprint

Common Mistakes to Avoid

Using the wrong certificate: Never use an acknowledgment certificate for a document requiring a jurat, or vice versa
Forgetting the oath: All jurats require an oath or affirmation
Not watching the signing: For jurats, the document must be signed in your presence
Incomplete certificates: Every blank in the notarial certificate must be filled in
Improper seal placement: Your seal should be clear and readable, not overlapping signatures or text
Missing journal entries: Every notarization must be recorded in your sequential journal

Special Considerations for Declarations

In California, declarations “under penalty of perjury” are commonly used as alternatives to affidavits. These documents include specific language stating that the declarations are made under penalty of perjury under the laws of California.

Important note: While declarations under penalty of perjury don’t always require notarization (the penalty of perjury language serves a similar function), if notarization is requested, a jurat should be used.

Legal References and Resources

For comprehensive information about California notary requirements and best practices, consult these official resources:

California Secretary of State Notary Handbook – The official guide for California notaries public
California Legislative Information – Access to California Government Code sections governing notary publics

Key statutes include California Government Code Section 8202 (notary powers and duties) and Section 8206 (journal requirements).

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Conclusion

Properly notarizing affidavits, declarations, and sworn statements requires attention to detail and a clear understanding of when to use jurats versus acknowledgments. By following the steps outlined in this guide and referring to official California resources, you can ensure that your notarizations are legally valid and professionally executed.

Remember: when in doubt, always err on the side of caution and consult the California Secretary of State’s Notary Handbook or contact the Notary Public Section for guidance. And if you need expert mobile notary services, Wet Ink Notary LLC is just a phone call away at (626) 248-0349.

How To Notarize Affidavits, Declarations, Sworn Statements