What to expect during the preparation of an affidavit or statutory declaration
Affidavits and statutory declarations are written statements that are used for the purpose of establishing legal rights, e.g. to be used as evidence in court. It is therefore very important that these documents are properly made, so that the legal rights are not impaired or destroyed.
To ensure legal validation of such documents, the administration of the underlying oath, affirmation, or solemn declaration follows certain rules that can't be bended or changed for any reason. The person administering an oath, affirmation, or solemn declaration may be called into court to confirm its proper administration.
Your commissioner for Oaths is governed by the Notaries and Commissioners Act, and will ensure that the rules and proper procedures are followed. You as the recipient will be asked to follow a certain procedure depending on the document. So what is to expect?
Signing the Document by Michal Jarmoluk
Affidavits
An affidavit contains statements, which are verified through an oath or affirmation made by the person, who made the statement. An oath is used for people with religious belief. If the signee objects to give the oath, an affirmation is used as an alternative procedure.
How is an oath administered?
You as the recipient will be invited to meet personally with the Commissioner for Oaths. You will first have to confirm your identity, and sign the affidavit or confirm authenticity of your signature if you signed earlier. As a person of Christian or Jewish faith you will be handed a Bible, New- or Old Testament (optional) and you will have to uplift your hand during the ceremony. You will then be asked to swear that all the contents of the affidavit are true, and respond with the words: "I do.". Only after this ceremony the Commissioner for Oaths will finalize your document.
How is an affirmation administered?
You as the recipient will be invited to meet personally with the Commissioner for Oaths. You will first have to confirm your identity, and sign the affidavit or confirm authenticity of your signature if you signed earlier. Since you objected to giving an oath (being sworn), you will be asked to affirm and declare the contents of the affidavit as true, which you respond with the words: "I do.". Only after this ceremony the Commissioner for Oaths will finalize your document.
Statutory Declarations
A statutory declaration contains statements, which are verified through a solemn declaration made by the person, who made the statement.
How is a solemn declaration administered?
You as the recipient will be invited to meet personally with the Commissioner for Oaths. You will first have to confirm your identity, and sign the statutory declaration or confirm authenticity of your signature if you signed earlier. You will then be asked to confirm your belief of the solemn declaration to be true, and respond with the words: "I do.". Only after this ceremony the Commissioner for Oaths will finalize your paper.
Blind or Illiterate Signees
If the person making the affidavit or statutory declaration is blind or illiterate, the Commissioner of Oaths will read the document aloud and make sure that its contents are understood.
Foreign Languages
If the person making the affidavit or statutory declaration does not understand the English language, an interpreter will be appointed to pass the contents of the document verbally to the person. The interpreter will be sworn by oath or administered by affirmation. The Commissioner for Oaths will address the interpreter during the ceremony, and the interpreter will repeat the contents to the person. The person will then respond to the Commissioner for Oaths with the words: "I do.". Only after this ceremony the Commissioner for Oaths will finalize the document.
