An oath is a solemn pledge, typically invoking a divine being, in which a person swears to tell the truth or fulfill a duty. An affirmation is a legally equivalent secular alternative for persons who conscientiously object to swearing an oath on religious or personal grounds. A notary public must honor a request for an affirmation without question (Government Code §8202).
Oaths and affirmations are required in jurats, for credible witnesses, for subscribing witnesses, and when a notary qualifies for their commission. California law does not prescribe specific wording for a jurat oath — an acceptable oath would be something like: Do you swear or affirm that the statements in this document are true?
The maximum fee for administering a standalone oath or affirmation is $15 (Government Code §8211(b)). This is separate from the $7 fee for administering an oath in connection with a deposition.
Exam Tip: A notary may NOT refuse to use an affirmation in place of an oath. The two are legally identical in effect. Refusing to offer an affirmation is misconduct. Also note the fee distinction: $15 for a standalone oath/affirmation, but only $7 when part of deposition services.
Free Practice
Master Oath and Affirmation and 400+ other real exam questions
Knowing the definition is step one. The California notary exam tests this concept under time pressure — with four realistic answer choices designed to catch you on the exact details that trip candidates up. See how you'd score right now, for free.
Try the Free CA Notary Practice Test