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Legal Terms & Definitions

A signer silently hands a pre-signed affidavit to a notary for completion. Is that enough for a valid affidavit?

A

Yes, because the signature alone creates the affidavit.

B

No, because there must be an unequivocal present act in the officer's presence by which the affiant takes on the oath.

C

Yes, if the venue is correctly filled in.

D

No, unless two witnesses are also sworn.

Official source: Notary Public License Law (March 2026)

Reference: Legal Terms & Definitions

Source checked September 7, 2026

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Correct Answer

B. No, because there must be an unequivocal present act in the officer's presence by which the affiant takes on the oath.

Detailed Explanation

An affidavit requires more than a signature. In the booklet's "Affidavit" discussion, a valid oath requires an unequivocal present act before an officer authorized to administer it; silent delivery of a signed paper is not enough. For contrast, a signed document may later be acknowledged, but an affidavit still requires the oath-taking act itself.

Legal Terms & Definitions Question #181
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