An affirmation serves the same legal function as an oath, but without religious language. New York practice recognizes that a person may conscientiously prefer to affirm rather than swear, and the officer should use a form that fits the person’s religious or ethical beliefs. That idea is reflected in CPLR §2309(b) and in the booklet’s discussion of oath administration.
From a notarial standpoint, the important point is substance rather than vocabulary. Whether the person says “I swear” or “I affirm,” the act must still be present, personal, and unequivocal. The signer must appear before the notary, assent in words of like meaning to “I do,” and consciously take on the obligation to tell the truth.
Practical note: A valid affirmation is not a weaker version of an oath. New York treats it as a full legal alternative, especially in affidavits, testimony, and electronic notarial acts involving an oath or affirmation.
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