An affirmation is equivalent to an oath and is just as binding for a person who conscientiously declines taking an oath.
The booklet treats an oath as requiring proper administration and personal appearance before the notary.
The word “swear” in the booklet excludes any form of affirmation.
CPLR §2309(b) requires a form calculated to awaken conscience and impress the mind of the person taking it.
Correct Answer
C. The word “swear” in the booklet excludes any form of affirmation.
AI Explanation
The booklet does not exclude affirmations from legally authorized oath forms. In “Definitions and General Terms,” affirmation is equivalent to an oath and “Swear” includes every mode authorized by law for administering an oath; CPLR §2309(b) supplies the form principle. Not to be confused with the religious language used to describe an oath, New York law still recognizes affirmations as fully binding.
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