An oath is a formal declaration of the truth made by a signer, a witness or a new government official. An affirmation is made when the person does not wish to take an oath due to religious reasons. It is still a formal declaration, but it is made at the cost of one’s own honour. Both have judicial value, and the violation of either one can result in a penalty from the court of law. Therefore, a Notary Public or a Commissioner for Oaths is expected to be present to administer oaths or affirmations as they are being made.
While a Notary Public has the power to endorse oaths and affirmations for use even outside a given province, a Commissioner’s endorsement is limited to that province only.
Sometimes, during proceedings of certain cases, such as personal injury, business transactions or property transactions, the court may require that some particular facts to be sworn upon than merely being stated. It is similar to the testimony made by a witness in a courtroom, except that it is made on paper.
An affidavit is a legal document that is corroborated by a legal officer such as a Notary Public or a Commissioner for Oaths, which authenticates that all of the information it contains is true and factual. At the bottom of the document, the affiant also swears that the information found in it is true and places his/her signature. Additionally, a “jurat” is provided by the Notary Public stating when, where and in whose presence the affidavit was signed.
The information found in an affidavit is always related to the case at hand. Therefore, it provides strong evidence to support the case in legal proceedings.
Once it is signed and approved, the deponent will be held accountable for every word of the document.
Oaths and Affirmations
An oath sworn in the presence of a Notary Public, which will be transferred to the affidavit, is as follows:
“I swear by Almighty God that this is my name and handwriting, and that the contents of this my affidavit are true.”
If a person refrains from taking an oath due to religious reasons, a solemn affirmation will be made as follows:
“I, (the name) do solemnly and sincerely affirm that this is my name and handwriting, and that the contents of this my affidavit are true.”
You will find our services as a Notary Public useful in the following circumstances:
- When an evidence on affidavit is to be provided for court proceedings within Ireland
- When a declaration, affirmation, acknowledgement, examination or attestation is to be made for an upcoming court proceeding or for the registration of legal documents.
The services provided by a Notary Public
- Preparing an affidavit that contains accurate details of the evidence that is required
- Ensuring that the affidavit is sworn to be true
- Authorising the full consent of the person who is swearing the affidavit
- Witnessing legal documents being signed
- Providing a “jurat” for the affidavit which will corroborate it
- Stipulating the charges for his/her services
- Authenticating documents as true copies of the originals