Foundational Fridays: Verbal Ceremonies & Oaths

Have you ever wondered if you are performing your duties with the legal precision required for a verbal ceremony? In this episode, Eddie Montes Travis and Marylyn Lee Trotter walk you through the essential steps of administering oaths and affirmations to ensure every document you sign is backed by a proper legal ritual. Understanding these basics is what separates a truly professional official from someone who is just going through the motions.

• Subject: Distinguishing Oaths from Affirmations – Learn the subtle but vital differences between a religious oath and a secular affirmation to respect the signer's personal beliefs while maintaining legal compliance.
• Subject: The Verbal Requirement – Discover why simply asking a signer to sign is not enough and why verbal communication is a mandatory component of the notarial act.
• Subject: Standard Wording – Explore the specific scripts and phrases you should use to clearly convey the solemnity of the ceremony and ensure the signer understands their commitment.
• Subject: Signer Comprehension – Techniques for verifying that the individual is mentally aware and physically present enough to participate in a binding oath.

Mastering the Foundational Friday basics of verbal ceremonies protects you from liability and upholds the integrity of the public record. Always remember that your words carry the weight of the law, so make sure they are spoken clearly and correctly every single time. Please make sure to subscribe and like the podcast to stay updated on all our future lessons.


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Executive Producer Derrick Spruill
Writers Marylyn Lee Trotter and Eddie Montes Travis
Graphics & Illustrations by Eddie Montes Travis
Music by

Transcript

SPEAKER_01 0:06

To obtain more notary knowledge, explore the full collection of books by Derek Spruel and find the perfect book for your notary business. Visit any online bookstore, Amazon.com, Barnes and Noble Bookstore, Booksofmillion.com, Bookshop.org, Mobile Notary by DerekSprule.com, or download from Kindle to obtain your essential notary book to help with all your notarization starting today.

SPEAKER_03 0:33

Imagine stepping into um like a massive, highly secure bank vault.

SPEAKER_02 0:39

Oh, sure, the kind with like the laser grids and everything.

SPEAKER_03 0:42

Exactly. You're looking at this two-foot thick steel door, you know, complex, biometric time locks, motion sensors, all of it designed to protect the physical assets inside.

SPEAKER_02 0:51

Right.

SPEAKER_03 0:52

But what if I told you that in the legal world, the equivalent of that vault door isn't made of steel or concrete at all?

SPEAKER_02 0:59

Wait, really? What is it then?

SPEAKER_03 1:00

Aaron Powell What if the only thing locking down the integrity of, you know, our society's most critical documents, wills, property deeds, multi-million dollar business contracts is literally just a few words spoken into the air.

SPEAKER_02 1:13

Aaron Powell I mean, it definitely sounds super fragile when you frame it that way. You can't touch a spoken word. But legally speaking, that invisible fleeting moment of speech is uh it's actually one of the strongest locks our justice system has ever engineered.

SPEAKER_03 1:25

Aaron Powell Welcome to Notary Knowledge. I'm Eddie, and with me is our resident expert Marilyn.

SPEAKER_02 1:30

So glad to be here.

SPEAKER_03 1:31

Today is Foundational Fridays, and our theme for this session is verbal ceremonies and oaths.

SPEAKER_02 1:36

Which is such a crucial topic.

SPEAKER_03 1:39

It really is. This is the absolute bedrock of your notarial duties, especially if you are, you know, an entry-level notary just building your practice. Now, in prior shows, you learned the critical basics of verifying a signer's identification.

SPEAKER_02 1:53

Right, the ID stuff.

SPEAKER_03 1:54

But today, we are shifting our focus to the immense, uh, really transformative power of the spoken word.

SPEAKER_02 2:02

And we are honestly not exaggerating when we call it transformative.

SPEAKER_03 2:05

No, not at all.

SPEAKER_02 2:06

As a notary, you are a commissioned public official. So the specific words you require a signer to speak out loud, they literally alter the DNA of a document.

SPEAKER_03 2:15

Wow, alter the DNA.

SPEAKER_02 2:16

Yeah. It takes a private, everyday piece of paper and elevates it into a public record that carries the full, formidable weight of the state's perjury laws.

SPEAKER_03 2:25

That's heavy. But before we get into the exact mechanics of how that transformation happens, I want to give you a crucial tool for your practice.

SPEAKER_02 2:32

Oh, absolutely.

SPEAKER_03 2:33

I strongly encourage you to pick up Derek Sproul's notary knowledge books. Specifically, you need to add the Notary Public Foundation, essential guide to core duties, ethics, and commissioning to your professional library.

SPEAKER_02 2:45

It's just such a great resource.

SPEAKER_03 2:46

It really is an indispensable resource for understanding the why behind all the rules we discuss here. Also, please take a moment to rate this program, subscribe, and share it with your fellow notaries. Your support allows us to keep this knowledge flowing.

SPEAKER_02 3:00

We really appreciate it.

SPEAKER_03 3:01

We're going to take a brief pause right here for a commercial break, but don't go anywhere. When we return, we are exploring the sheer weight of the words you use.

SPEAKER_02 3:09

Welcome back, everyone.

SPEAKER_03 3:10

Yeah, welcome back.

SPEAKER_02 3:11

Let's seamlessly transition from that broad concept of your foundation as a notary to the actual literal words that are spoken during a ceremony. Right. So why are we placing such a heavy focus on oaths today?

SPEAKER_03 3:26

Well, basically because according to the National Notary Association guidelines, the verbal ceremony is where a massive amount of confusion happens out in the field.

SPEAKER_02 3:35

Oh, for sure. All the time.

SPEAKER_03 3:36

As a notary, you are essentially asking someone to make a legally binding promise, but there are um two distinct ways to execute that promise. You've got an oath and an affirmation.

SPEAKER_02 3:48

Which a lot of people mix up.

SPEAKER_03 3:50

Exactly. So an oath is a promise made to a higher power. It traditionally ends with the phrase, so help you God.

SPEAKER_02 3:57

Right.

SPEAKER_03 3:57

An affirmation, on the other hand, is a promise based entirely on personal honor. It's made strictly under the penalty of perjury, with absolutely no religious context.

SPEAKER_02 4:08

And understanding that distinction is vital, but what is even more important is understanding the legal parity between the two.

SPEAKER_03 4:15

Yeah, they carry the same weight.

SPEAKER_02 4:16

Exactly. The wording is different just to accommodate the diverse belief systems of the public, but the legal outcome is absolutely identical.

SPEAKER_03 4:24

Right. The state doesn't care.

SPEAKER_02 4:26

They do not care whether a signer swore to a deity or affirmed on their own personal integrity. If they lied on that document, they are committing perjury. The mechanism of accountability is exactly the same.

SPEAKER_03 4:37

I find it really helpful to think of it as the difference between a spiritual vow and a secular vow.

SPEAKER_02 4:42

That's a good way to look at it.

SPEAKER_03 4:43

Both trigger the exact same legal trapdoor if the signer is lying. But here is like a real-world scenario that almost every new notary runs into.

SPEAKER_02 4:52

Let's hear it.

SPEAKER_03 4:53

You put the document down on the table, you explain the two options clearly, and the signer just stares at you with his blank look and says, uh, I don't know. Whatever you think is best, which one should I pick?

SPEAKER_02 5:04

Oh no. That is a trap.

SPEAKER_03 5:07

It happens so much.

SPEAKER_02 5:08

It seems harmless, but you cannot fall into it. You must never choose for the signer based on your own beliefs or even just, you know, to speed the appointment along.

SPEAKER_03 5:17

Because if I pick for them, I'm essentially giving unauthorized advice. Right, because I'm crossing the line from an impartial witness into more of an advisor role.

SPEAKER_02 5:26

Precisely. You are compromising your impartiality. You can explain the difference between the two concepts, just as you outlined a minute ago, but the choice must be purely 100% the signers. Right. If you present one option as preferred, or if you just make the selection for them, it completely invalidates the deeply personal nature of that promise.

SPEAKER_03 5:45

That makes total sense.

SPEAKER_02 5:46

And once they do make their choice, we enter into the actual verbal ceremony. And we really have to emphasize this for everyone listening. Nonverbal communication simply does not work here.

SPEAKER_03 5:56

No nods.

SPEAKER_02 5:57

A grunt, a simple head nod, or a mumbled mm-mm, is legally unacceptable.

SPEAKER_03 6:03

Aaron Powell It makes sense if you think about how legal proceedings are recorded. Like if a court reporter is typing a transcript of a deposition, they can't type a head nod.

SPEAKER_02 6:13

Right, exactly.

SPEAKER_03 6:14

Ambiguity destroys legal certainty. You need a definitive audible response. When you ask, do you swear or affirm that the statements in this document are true? You must hear a clear I do or yes.

SPEAKER_02 6:27

And if they just nod at you, you really have to hold your ground. You simply say, politely but firmly, for the record, I need a verbal yes or no.

SPEAKER_03 6:35

I love that phrasing. For the record.

SPEAKER_02 6:36

It works. So now that we have established what these promises actually entail, we need to discuss the specific notarial act where they are absolutely mandatory, which is the girat.

SPEAKER_03 6:46

Oh, girats. They are incredibly strict. For a novice listener who's just learning the ropes, a girat, which is often called a verification on oath or affirmation, it demands two distinct actions to happen simultaneously. First, the signer has to sign the document right there, physically in front of you. And second, they must take that verbal oath or affirmation we just explored. You cannot have one without the other.

SPEAKER_02 7:10

No, you can't. If they sign the document at home before they met you, they literally have to sign it again in your presence.

SPEAKER_03 7:16

It's not negotiable.

SPEAKER_02 7:17

But there is a deeper reason for this strict structure. And Derek Sprohl's work provides brilliant insight into this. He discusses the concept of the psychological barrier to fraud.

SPEAKER_03 7:27

Yeah, this is one of the most compelling ideas we found in the source material. Like if a fraudster is forging a signature in the privacy of their own living room, there is almost zero friction.

SPEAKER_02 7:37

Nobody is watching them.

SPEAKER_03 7:39

Exactly. But when a draught is required, you are forcing that person to stand in front of a commissioned public official, look you directly in the eye, raise their right hand, and verbally declare a lie out loud under the explicit threat of perjury.

SPEAKER_02 7:54

That process intentionally awakens the conscience. It creates this massive psychological hurdle.

SPEAKER_03 7:59

Yeah, it really does.

SPEAKER_02 8:00

It forces the individual to consciously acknowledge the gravity of their action in real time. If you, as the notary, skip the verbal oath just because you feel awkward or you're rushed.

SPEAKER_03 8:12

Which happens a lot.

SPEAKER_02 8:13

You aren't just cutting administrative corners. You are actively dismantling the psychological barrier that protects the public trust.

SPEAKER_03 8:20

And the consequences of dismantling that barrier are genuinely severe. We aren't just talking about a slap on the wrist from a commissioning board.

SPEAKER_02 8:27

That's far from it.

SPEAKER_03 8:28

Look at that civil litigation case out of Seminole County, Florida that was detailed in our research.

SPEAKER_02 8:32

Oh, that case is the ultimate cautionary tale for notaries.

SPEAKER_03 8:35

Tell them what happened.

SPEAKER_02 8:36

Well, a presiding judge actively declined to rule on a judgment simply because the notary involved failed to administer the verbal oath for an affidavit that was central to the lawsuit.

SPEAKER_03 8:47

Wow. Just picture the ripple effect of that omission. You have this complex legal proceeding, likely involving, you know, significant financial stakes, attorneys' fees, months of preparation.

SPEAKER_02 8:58

So much time and money.

SPEAKER_03 8:59

And it grinds to an absolute halt because a notary skipped a five-second question. The plaintiff didn't speak the oath, the notary didn't require it, and suddenly that pivotal affidavit wasn't worth the paper it was printed on.

SPEAKER_02 9:13

It just goes to show that the verbal ceremony isn't just bureaucratic theater. It is the active catalyst that gives the document its legal efficacy. Totally. However, maintaining this level of strictness leads to some incredibly complex, tricky scenarios for notaries working out in the real world.

SPEAKER_03 9:30

Which brings us perfectly to our next segment where we explore exactly those kinds of friction points. We are going to pause for a brief commercial break, but keep listening. We'll be right back.

SPEAKER_02 9:40

Welcome back. It is time to dive right into our segment. Good question. What would you do?

SPEAKER_03 9:45

I love this segment. This is where we tackle specific, often pretty complicated scenarios submitted by you, our listeners from all across the country.

SPEAKER_02 9:53

Yes.

SPEAKER_03 9:53

We are taking the textbook rules we just discussed and applying them to the messy reality of the job.

SPEAKER_02 9:58

Let's start by looking at communication barriers. Paul in Tennessee sent us a fascinating scenario.

SPEAKER_03 10:05

Okay, what's Paul dealing with?

SPEAKER_02 10:06

Paul encountered a signer who is hearing impaired and nonverbal, communicating entirely through sign language. Paul's question is how do you administer a verbal oath to someone who is nonverbal?

SPEAKER_03 10:18

Oh wow. My initial thought here would be if they can't speak, can't they just um write their response on a piece of paper?

SPEAKER_02 10:26

That's what most people think.

SPEAKER_03 10:27

But I guess in a real-time legal ceremony, writing might not definitively prove uncoerced immediate comprehension.

SPEAKER_02 10:35

That is exactly the issue. Writing removes that immediate conversational verification. So for authoritative guidance here, we can actually look to the Pennsylvania Code. Specifically section 167.44A, which serves as a superb national benchmark. The rule states you must use a qualified interpreter.

SPEAKER_03 10:54

Ah, an interpreter.

SPEAKER_02 10:55

Yes. Both you and the signer must communicate directly through that interpreter in a language you both understand.

SPEAKER_03 11:01

So the interpreter acts as a verifiable chain of communication. They translate your spoken English oath into sign language, and then they translate the signer's affirmative response back to you. The ceremony is still fully occurring in real time. It is just being facilitated through a certified neutral third party.

SPEAKER_02 11:17

Yep. It preserved the integrity of the real-time response. Now, staying on the theme of communication barriers, let's look at a scenario where the barrier is administrative.

SPEAKER_03 11:27

Okay, lay it on me.

SPEAKER_02 11:28

Grace from Idaho finds herself asked to notarize a document written entirely in Spanish, but Grace only speaks and reads English.

SPEAKER_03 11:36

Oof. This feels like a minefield. On one hand, I might think, well, I don't need to read the contract to watch them sign it. But on the other hand, the National Notary Association rules state there there is no law against foreign language documents with a major caveat.

SPEAKER_02 11:52

And what's the caveat?

SPEAKER_03 11:53

The notary and the signer must understand the same language.

SPEAKER_02 11:56

Right, because if you don't share a language, how can you determine if they are signing willingly or if they even understand what the document is?

SPEAKER_03 12:04

You literally can't.

SPEAKER_02 12:05

The Connecticut manual provides excellent supplementary guidance here, warning notaries to use their absolute best judgment. You can only proceed if you can, at a very minimum, determine the nature of the document. Right. But the golden rule is this you must only sign a notarial certificate that is written in a language you read and understand.

SPEAKER_03 12:25

Which totally makes sense. If I sign a Spanish Durad certificate, I'm swearing to a legal process I can't even read.

SPEAKER_02 12:30

Exactly.

SPEAKER_03 12:31

But what if the signer asks the notary to just translate the document for them right there?

SPEAKER_02 12:36

Bad idea. Using Florida's rules as an industry standard, a notary cannot certify the accuracy of a translation.

SPEAKER_03 12:43

And think about why that is. If I am translating the document for the signer, and then I am notarizing that very same document, I'm essentially authenticating my own interpretation of the text.

SPEAKER_02 12:54

You've completely lost your impartiality.

SPEAKER_03 12:56

Exactly. I've lost my status as an impartial third-party witness. I'm now a participant in the transaction.

SPEAKER_02 13:02

That is a brilliant deduction. The only exception is if you, acting entirely as a private citizen, translate a document and then sign an affidavit swearing to your translation's accuracy.

SPEAKER_03 13:14

Okay, so you're the signer then.

SPEAKER_02 13:15

Right. Which is then notarized by a completely different notary. You can never be the translator and the notary on the same document.

SPEAKER_03 13:23

Makes total sense. So we know how to handle the verbal barriers, but how do we prove this chain of communication actually happened on paper? Beth in Oregon ran into this.

SPEAKER_02 13:34

What did Beth ask?

SPEAKER_03 13:35

She notes her state has specific forms and asks, how is an affirmation actually documented?

SPEAKER_02 13:41

Aaron Ross Powell Well, Oregon offers a great example of administrative clarity. When you administer an oath of office there, the state provides forms requiring you to physically circle either the word sworn or affirmed directly on the certificate.

SPEAKER_03 13:53

Well, I like that. So the verbal oath is like the unique key turning in a lock, and circling that specific word on the certificate is the receipt proving to the state that the door was actually locked.

SPEAKER_02 14:03

That's a great way to put it.

SPEAKER_03 14:04

It proves the choice was offered, the signer made a selection, and the ceremony was completed exactly according to their preference.

SPEAKER_02 14:11

That is a perfect functional analogy. Now, what happens on the barrier isn't language, but time. Yeah. Tom in Montana sent in a scenario that I guarantee every notary has faced. I'm ready. Tom is sitting across from an agitated signer who is just rushing through a massive stack of loan documents. The signer taps their watch and says, Look, I know the drill. Can't we just do one big oath for this whole stack of papers and get it over with?

SPEAKER_03 14:37

Oh man, it is incredibly awkward to force a rushing high-powered executive to slow down at a dining room table. When you are looking at like 50 pages, doing a separate oath for every single one feels intensely repetitive.

SPEAKER_02 14:52

It does feel repetitive, but the answer is an emphatic no. Not allowed. Not allowed. Using a QA from Tennessee as our standard benchmark, you must administer a separate individual oath or affirmation for each and every giraffe performed in that package. You cannot do a blanket oath.

SPEAKER_03 15:07

Because doing a blanket oath dilutes that psychological barrier Spruell talks about. You can't just like bulk process legal accountability.

SPEAKER_01 15:15

Exactly.

SPEAKER_03 15:15

Spruel's ethical guidelines are crystal clear on this. If the signer treats the ceremony with levity, treats it like a joke, or refuses to do it for each required document, bowing to their impatience compromises your own commission. You have to stop the notarization.

SPEAKER_02 15:31

Which perfectly sets up our final scenario from Luke in New Mexico.

SPEAKER_03 15:34

Okay. What does Luke have for us?

SPEAKER_02 15:36

Luke asks the ultimate question about authority. When is it actually okay to just say no and refuse a notarization?

SPEAKER_03 15:43

That's tough. Saying no feels like you were failing at your job, but really it is your job. Exactly. Looking at the Connecticut manual, specifically Rule 394, it provides a crucial framework. It states you cannot unreasonably refuse a notarization. Right. Unreasonable refusal generally refers to discrimination, which is illegal and strictly prohibited. But you are the gatekeeper of the process.

SPEAKER_02 16:07

You absolutely are. You are legally obligated to refuse the notarization if you detect duress, meaning someone is being visibly pressured or threatened to sign. Wow. You must refuse for incompetence, meaning the signer is heavily medicated or otherwise cannot comprehend what they are doing. And, of course, you must refuse if there is an obvious intent to deceive or a lack of proper identification.

SPEAKER_03 16:32

Saying no to fraud is the core function of your office.

SPEAKER_02 16:35

Exactly.

SPEAKER_03 16:36

And once you successfully navigate all of those difficult scenarios, you verify the ID, you assess their willingness, and the signer clearly says I do to the verbal oath, you still have to finish the job.

SPEAKER_02 16:49

Right. The paperwork.

SPEAKER_03 16:50

You have to create the physical manifestation of that ceremony, which is the notarial certificate.

SPEAKER_02 16:54

The certificate is the tangible proof that the ceremony occurred. And there is no room for creativity here.

SPEAKER_03 16:59

None at all.

SPEAKER_02 17:00

Relying on Oregon's standard, which is widely recognized as a national best practice, there are six strict components required on every single certificate.

SPEAKER_03 17:09

Okay, we'll break them down.

SPEAKER_02 17:10

First is the venue. This is the state and county where you are physically standing when the notarization takes place.

SPEAKER_03 17:16

Because venue establishes your jurisdiction. If you are commissioned in New York, but you perform a notarization while physically sitting in a coffee shop in New Jersey, you have zero authority.

SPEAKER_02 17:28

Exactly.

SPEAKER_03 17:29

The venue proves you are acting within your legal boundaries. Number two is the notarial language. This tells the receiving agency exactly what act was performed like. Was it an acknowledgement or a jurad?

SPEAKER_02 17:42

Right. Number three is the signer's name. You must clearly state exactly who appeared before you, tying that specific person to the specific act.

SPEAKER_03 17:51

Crucial.

SPEAKER_02 17:52

And number four is the date of the notarization.

SPEAKER_03 17:55

Which is vital for establishing a timeline and preventing retroactive fraud, you know, like someone trying to backdate a will.

SPEAKER_02 18:01

Oh, absolutely.

SPEAKER_03 18:02

The final two components are added directly by you. Number five is your legible notary stamp. If it is smudged or running out of ink to the point that a court clerk's photocopier can't read it, the document can be rejected.

SPEAKER_02 18:13

Aaron Powell It happens more than you'd think.

SPEAKER_03 18:14

And finally, number six is your notary signature.

SPEAKER_02 18:18

And that signature must exactly match the signature you have on file with your commissioning authority.

SPEAKER_03 18:23

Makes sense.

SPEAKER_02 18:24

If you miss just one of those six components, if you forget to write the county in the venue section or you leave off the date, you have effectively neutralized a legally binding document.

SPEAKER_03 18:33

Just from one mistake.

SPEAKER_02 18:35

Yep. The entire weight of the legal transaction hinges on you meticulously checking those six boxes.

SPEAKER_03 18:41

It is a profound level of responsibility. And this connects directly back to Derek Scruel's philosophy of integrity in action.

SPEAKER_02 18:50

Yeah.

SPEAKER_03 18:51

You are not just a human stamp machine passively observing paperwork.

SPEAKER_02 18:54

No, you are an active ethical guardian.

SPEAKER_03 18:56

Exactly.

SPEAKER_02 18:57

You protect the public trust every time you insist on a verbal oath, every time you refuse a rushed blanket statement, and every time you verify all six components of a certificate. Yeah. Having the courage to stop a rushing signer and the respect for your office to never skip the verbal ceremony, that is what integrity in action looks like in the real world.

SPEAKER_03 19:15

As we wrap up today's session, there is a genuinely fascinating paradox from our deep dive into the source material that I really want to leave you with. It totally blew my mind when I read it.

SPEAKER_02 19:25

Oh, I know what you're talking about.

SPEAKER_03 19:26

Aaron Powell In states like Oregon, Washington, and Hawaii, the law actually allows the notary incredible flexibility in how they phrase the question for the oath. You don't always have to read some rigid, archaic script from the 1800s.

SPEAKER_02 19:41

That's right. The input from the notary can be somewhat casual, tailored to the situation, so long as the core legal meaning is conveyed. Right. But here's the paradox. While there is flexibility in how the question is asked, there is absolutely zero flexibility in how the signer responds. Zero. The output, the moment they say I do or yes, is an immovable legal absolute. You can change how you ask it, but you can never accept silence, a nod, or a grunt as the answer.

SPEAKER_03 20:07

The spoken word remains the ultimate anchor of the entire system. Well, we want to hear your scenarios and questions. Email your questions to Derek at Dereksbruel.com. We will try to answer as soon as possible the end of our shows.

SPEAKER_02 20:19

Executive producer Derek Sproul, lead writer Marilyn Lee Trotter, Graphics Eddie Montez Travis, music Thomas Fynum, produced by Magnificent Works Business Solutions.

SPEAKER_03 20:28

Don't just be listeners of the knowledge, be doers of the knowledge. This is notary knowledge. Until next time.