An affidavit is one of the core notarial documents in New York practice. The booklet defines it as a signed statement, duly sworn to by the maker before a notary public or another officer authorized to administer oaths. The notary’s job is not simply to watch a signature; the notary must actually administer the oath or affirmation that gives the statement its sworn character.
The venue should accurately show where the affidavit was sworn. New York’s booklet is especially strict on personal appearance: the affiant must appear before the officer, and an oath cannot be administered over the telephone. The oath must also be taken in a form calculated to awaken the conscience and impress the mind of the person taking it, as reflected in CPLR §2309(b) and the booklet’s discussion of oath practice.
Why it matters: An affidavit is about sworn truth. An acknowledgment is not.
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