The notarization an affidavit requires is called a jurat. It’s the notarial act where you appear in person before a notary, sign the document while they watch, and swear or affirm out loud that everything in it is true. That spoken oath is what separates an affidavit from a document that only needs a signature witnessed, and it’s why a false affidavit can land you a perjury charge.
What a Jurat Requires
Three things have to happen for the jurat to be valid. You personally appear before the notary. You sign the document in their presence. And you verbally swear or affirm that the statements in the document are true.1Uniform Law Commission. Revised Uniform Law on Notarial Acts (2021) Skip any one of those steps and the notarization isn’t a proper jurat.
After the oath, the notary completes a jurat certificate on the affidavit itself. The standard wording is “Subscribed and sworn to (or affirmed) before me,” followed by the date, the notary’s signature, and their official seal. That certificate is what gives your affidavit legal weight in court filings, real estate matters, immigration paperwork, and anywhere else a sworn statement is required.
Jurat vs. Acknowledgment
The two notarial acts look similar but do different work. In a jurat, the notary certifies that you swore to the truth of what the document says. In an acknowledgment, the notary only confirms your identity and that you signed voluntarily. The notary makes no certification about whether the contents are accurate. Acknowledgments are the standard for deeds, powers of attorney, and contracts, where what matters is that the right person signed willingly.
The procedural rules differ too. A jurat requires you to sign in front of the notary. You cannot sign the affidavit at home and then bring it in to be notarized afterward. An acknowledgment allows pre-signing; a jurat does not. If a notary tells you it’s fine to sign ahead of time for an affidavit, something is wrong, and the jurat won’t hold up.
Oath or Affirmation
The verbal pledge is mandatory, but it doesn’t have to be religious. Federal regulations define an affirmation as a solemn declaration that a statement is true, available to anyone with conscientious objections to taking an oath.2eCFR. 22 CFR 92.18 – Oaths and Affirmations Defined An affirmation carries the same legal force. Lying after affirming is treated the same as lying after swearing.
The notary will typically ask something like “Do you swear or affirm that the statements in this document are true?” You answer out loud. A nod won’t do. If you prefer to affirm rather than swear, say so at the start and the notary will adjust the wording.
How the Notarization Actually Happens
The process is simple, but the sequence matters. Do not sign the affidavit before you arrive. The notary has to watch you sign.
- Find a notary. Banks, shipping stores, law offices, courthouses, and real estate offices commonly have notaries on staff. Some states also authorize certain postal employees to perform notarial acts at no charge for government-related matters.
- Bring a current government-issued photo ID such as a driver’s license or passport. If you don’t have acceptable ID, many states allow one or two credible witnesses who personally know you to vouch for your identity under oath, though the specific rules vary by jurisdiction.
- Take the oath or affirmation. The notary administers it verbally; you respond verbally, confirming the contents are true.
- Sign the affidavit while the notary watches.
- The notary fills out the jurat certificate, signs it, and applies their official seal.
Fees for in-person jurat notarization range from as low as $2 to around $25 per signature, depending on the state. Many banks offer free notarization to account holders, so start there if you have one.
Remote Online Notarization
You don’t always have to appear in person. As of early 2026, roughly 45 states and the District of Columbia have enacted permanent laws authorizing remote online notarization, which allows the whole jurat to happen over a live audio-video call. The notary verifies your identity through knowledge-based authentication and credential analysis of your government ID, the session is recorded, and notaries are generally required to retain those recordings for a set number of years, typically five or more. The oath still happens verbally, just over the video connection.
Fees for remote sessions tend to run higher than in-person notarization, often $25 per act on top of any standard notarization fee, though this varies by state. One caveat: not every court or agency accepts remotely notarized affidavits. If your affidavit is going to a specific court or filing office, confirm ahead of time that a remote notarization will be accepted before you book one.
When You May Not Need a Notary at All
Before you make the trip, check whether notarization is actually required. Under 28 U.S.C. ยง 1746, you can submit an unsworn written declaration “under penalty of perjury” in place of a sworn affidavit for most federal proceedings.3Office of the Law Revision Counsel. 28 USC 1746 – Unsworn Declarations Under Penalty of Perjury The document has to include specific language declaring the statements are true under penalty of perjury, plus your signature and the date. No notary involved.
The perjury consequences are the same either way. Many state courts have adopted similar provisions, though the exact wording differs. If you’re not sure a notarized affidavit is required for your situation, check the filing rules for the specific court or agency. You may be able to skip the notary entirely.
Penalties for a False Affidavit
The oath isn’t ceremonial. When you swear that an affidavit’s contents are true, you expose yourself to perjury charges if a material statement turns out to be a deliberate lie. Federal perjury carries a fine and up to five years in prison.4Office of the Law Revision Counsel. 18 USC 1621 – Perjury Generally State perjury statutes impose their own penalties, and most states classify perjury as a felony.
The key word is “material.” Not every minor error qualifies. The false statement has to be significant enough that it could have influenced the outcome. But courts take a broad view of materiality, and what seems like a small detail to you may look different to a judge. Read every word of the affidavit before you sign, and don’t swear to anything you aren’t certain is true.
Beyond criminal exposure, a false affidavit can get your case dismissed, a contract voided, or a judgment overturned. In family court, a knowingly false affidavit about assets or custody can shift the outcome against you. The fallout usually dwarfs whatever the lie was meant to accomplish.