The New York booklet’s discussion of oath practice is one of its most detailed sections. An oath is a verbal pledge given under an immediate sense of responsibility, and the person taking it must personally appear before the notary. The oath cannot be administered over the telephone, and the person must express assent—traditionally with words such as “I do” or words of like meaning.
The booklet also draws heavily on CPLR §2309(b): the form used should be calculated to awaken the conscience and impress the mind of the person taking it in accordance with that person’s religious or ethical beliefs. A valid oath therefore requires presence, present assent, truthfulness, and conscious acceptance of the obligation.
Why it matters: A notary does not satisfy the duty merely by asking whether a signature is genuine. The oath itself must be administered.
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