Administering Oaths and Affirmations in Maryland: A Comprehensive Guide for Notaries Public

Administering oaths and affirmations is a central responsibility of every Maryland Notary Public. Whether conducted in person or through Remote Online Notarization (RON), notaries must follow clear legal and procedural standards to ensure every sworn statement is valid. This guide provides Maryland notaries with comprehensive, practical instructions for administering lawful, respectful, and professional oaths.

Legal Foundation for Oaths & Affirmations in Maryland

Maryland law provides the authority for notaries to administer oaths and affirmations. Understanding this legal framework ensures notaries fulfill their responsibilities correctly and confidently. Official state resources outline notary powers, required procedures, and expectations for proper conduct.

What an Oath or Affirmation Means

An oath invokes a higher power or deity, while an affirmation is a solemn secular promise. Maryland law treats both equally under penalty of perjury.

When Oaths Are Required

Oaths or affirmations are required before notarizing jurats, affidavits, sworn statements, depositions, and other documents that require a declaration of truthfulness.

Differences Between an Oath and an Affirmation

Notaries must allow the signer to choose between an oath or affirmation. This choice ensures the ceremony respects both religious and non-religious preferences without affecting legal validity.

Oath

A spoken, solemn pledge invoking a higher authority. The signer must audibly respond to the notary.

Affirmation

A non-religious spoken promise with identical legal consequences. This option must always be offered equally.

In-Person Administration Procedures

In-person oath administration requires careful attention to identity verification, voluntariness, and proper verbal ceremony. A structured, consistent approach protects both the notary and the signer.

Verify Identity

Maryland requires government-issued identification with a photo, signature, and physical description. Full requirements can be found in the Maryland Notary Handbook.

Confirm Understanding and Willingness

Ask the signer if they understand the document and are acting voluntarily. Coercion or uncertainty invalidates the act.

Administer the Oath or Affirmation

The notary must verbally administer the oath, and the signer must give a clear spoken response such as “I do” or “I affirm.”

Complete the Jurat Certificate

After the verbal ceremony, complete the certificate with the venue, date, wording, signature, stamp, and method of identification.

Remote Online Notarization (RON) Requirements

Maryland permits RON under strict standards requiring audiovisual communication, advanced identity proofing, and session recording. Notaries must follow these procedures precisely to maintain the validity of their documents.

Identity Verification

RON requires credential analysis and knowledge-based authentication before administering the oath.

Conducting the Oath via Video

The signer must be clearly visible and audible. The notary must administer the oath verbally, and the signer must respond aloud on camera.

Recording and Documentation

RON platforms record the entire session. The notary must also document details such as authentication method, signer location, and the platform used.

Sample Wording for Oaths and Affirmations

Maryland does not mandate exact wording, but the language must clearly convey the gravity and binding nature of the oath. Always speak slowly and clearly.

Standard Oath

“Do you solemnly swear that the statements in this document are true and correct to the best of your knowledge and belief, under penalty of perjury?”

Standard Affirmation

“Do you solemnly affirm that the statements in this document are true and correct to the best of your knowledge and belief, under penalty of perjury?”

Testimony Oath

“Do you solemnly swear (or affirm) that the testimony you are about to give will be the truth, the whole truth, and nothing but the truth?”

Public Officer Oath

Used for appointed or elected roles requiring a constitutional pledge.

Etiquette and Professional Conduct

Oath administration is a solemn legal act, and the notary’s demeanor must reflect its seriousness. Professionalism ensures the signer understands the weight of their sworn declaration.

Use a Respectful, Serious Tone

Avoid casual phrasing. Deliver the wording clearly, confidently, and at a measured pace.

Respect the Signer’s Choice

Never pressure a signer toward an oath or affirmation. Provide both options neutrally.

Require Audible Responses

The signer must verbalize their agreement. Silent gestures or nodding do not meet legal standards.

Documentation and Journal Requirements

Maryland requires notaries to maintain a journal entry for every act, including oaths and affirmations. Proper recordkeeping provides legal protection and confirms procedural accuracy.

Required Journal Elements

Record the date, time, act type, document type, signer information, identification method, fee, and any unusual circumstances.

RON-Specific Recording

Document authentication methods, the platform used, signer’s location, and the existence of a recorded session.

Protecting Your Journal

Keep physical journals secure and electronic journals password protected to ensure confidentiality and integrity.

Best Practices for Lawful and Respectful Administration

Strong habits help ensure every oath is conducted correctly and respectfully. These practices enhance professionalism and reduce legal risk.

Ensure the Signer Understands the Document

Notaries cannot give legal advice, but may ask whether the signer understands what they are signing.

Watch for Coercion or Confusion

If the signer appears pressured or mentally unclear, the notary must refuse to proceed.

Use Association Templates and Training

The Notary Public Association provides standardized templates, sample scripts, RON checklists, and training modules to help notaries remain compliant.

Common Mistakes to Avoid

Avoiding frequent errors ensures your notarizations remain legally sound and respected.

Failing to Administer the Verbal Oath

A jurat is invalid without the spoken ceremony.

Allowing Silent or Nonverbal Responses

Nods or hand gestures do not qualify as a lawful oath response.

Incorrect Certificate Wording

Maryland jurat wording must indicate that an oath or affirmation was administered.

Strengthen Your Maryland Notary Practice

Oath and affirmation administration is a foundational duty of Maryland notaries, requiring professionalism, clarity, and compliance with state law. Whether administered in person or remotely, each oath safeguards the integrity of sworn statements and upholds public trust. The Notary Public Association supports all Maryland notaries with templates, scripts, checklists, and in-depth training to ensure every oath is conducted correctly and respectfully.