Administering oaths is one of a notary’s core powers, and it is the part of the office people understand least. It comes up in depositions, in swearing witnesses, and in a range of official appointments.
Here is what it involves and where the limits are.
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An oath is an act, not a document
Most notarizations attach to a piece of paper. Administering an oath does not have to.
A New York notary may administer an oath or affirmation, and that act can stand alone: a person is sworn, and what follows is testimony rather than a signature.
That is what happens at the start of a deposition. The officer administers the oath, and everything the witness says afterward is given under it.
Oath or affirmation, and why both exist
They carry identical legal weight, and the choice belongs to the person being sworn.
An affirmation is available to anybody whose beliefs do not permit swearing an oath, and no explanation is required. Tell the officer beforehand so the wording is right.
What matters in either case is that the person actually responds. A witness who nods while looking elsewhere has not been sworn, and an officer who proceeds anyway has certified something that did not happen.
Depositions
Depositions are usually taken before an officer authorized to administer oaths, and in practice that is very often the court reporter, who is separately authorized and who is also producing the record.
Where a notary is used, the same principles apply as anywhere: identify the witness, administer the oath properly, and record what occurred.
A notary at a deposition is not managing the proceeding, ruling on objections, or advising anybody. The role is narrow and it is the whole role.
Where a deposition is taken remotely, which is now routine, the arrangements for swearing the witness need to be settled in advance by the attorneys rather than improvised on the day.
Oaths of office
The other common standalone oath.
Public officers, board members, and various appointees take an oath of office, and New York notaries administer these routinely. Notaries themselves swear one on appointment and on every renewal. See the notary’s own oath.
A notary cannot administer their own oath, for the obvious reason.
The limits worth knowing
A notary’s authority is territorial. The act happens where the notary is, and for electronic acts a New York notary must be registered for them and physically located in New York.
A notary who is a party to the matter or directly and pecuniarily interested in it is disqualified. See how interest works.
And a notary is not a judge. Administering an oath does not make the notary responsible for what the witness says, does not let the notary rule on anything, and certainly does not make the notary a participant.
Booking one
Tell us what the proceeding is, where, when, and how long you expect it to run, because these bookings block time rather than being a fifteen minute call.
We cover the five boroughs, including evenings, and can attend an office, a conference room or a facility. For remote proceedings, tell us the platform and who is arranging the record.
What we will not do is give an opinion on the proceeding, advise a witness, or explain a document. See getting a sworn statement right for what belongs in a written one.
Wording that actually works
There is no single script required, and the substance matters more than the phrasing.
What has to happen is that the person is asked, directly, whether they swear or affirm that what they are about to say, or what is contained in the document, is true, and that they answer.
Say it clearly, wait for the answer, and make eye contact. A mumbled formality delivered at speed while somebody is reading their phone is not an oath, however correct the words were.
For a document, the oath relates to the truth of the contents. For testimony, it relates to what the person is about to say. Different framings, same requirement that the person understands and responds.
Recording that it happened
Where the oath attaches to a document, the certificate records it, which is why a jurat says subscribed and sworn to before me on a date.
Where the oath stands alone, as at a deposition, the record of the proceeding captures it, and the transcript will show the witness being sworn.
Notaries who administer standalone oaths should note them in their own records: who, when, where and for what purpose. It is good practice, and it is the only evidence you will have if the act is questioned later.
Fees
New York caps what a notary may charge for the act itself, and administering an oath is a notarial act like any other.
What is not capped is the time. A deposition or a proceeding requiring a notary to attend for hours is priced as an attendance rather than as a per act fee, which is why these bookings are quoted rather than listed.
Tell us the expected duration when you book and we will quote accordingly.
Where an oath is not the right tool
Two situations that come up and are worth separating.
A statement being filed in a New York civil action may now be affirmed under penalty of perjury without any officer at all, following the 2024 amendment. Booking a notary for one of those is a cost you do not need. See what changed.
And an acknowledgment is not an oath. Deeds, powers of attorney and most recordable instruments take an acknowledgment, where the signer confirms they executed the document rather than swearing to its truth. Asking for the wrong one produces a document that is refused. See the difference.
If you are unsure which your document needs, ask the recipient, because a notary cannot choose for you. Selecting the act is a legal determination and it is outside what we are permitted to advise on.
Interpreters and language
An oath only works if the person taking it understands it.
Where a witness does not speak English well, the notary needs to be able to communicate with them directly enough to be satisfied they understand what they are swearing to and are doing so willingly.
Where an interpreter is involved, use a neutral professional rather than a relative or somebody with an interest in the matter, and arrange it in advance rather than at the appointment. See how language affects a notarization.
Capacity applies here too
A person being sworn has to understand what they are doing.
Where a witness or signer plainly cannot follow the oath, or where somebody else is answering on their behalf, a notary should not proceed. New York’s rules permit a notary to refuse where they are not satisfied the person has capacity or is acting voluntarily.
This arises most often at bedside signings and with elderly signers, and it is the one part of the office that genuinely protects people. See how bedside appointments work.
It is never comfortable to stop an appointment, and it is always better than certifying an oath that did not really happen.
Related reading
- Affidavit or affirmation? What changed in New York courts
- Affidavits of service in New York
- Getting a sworn statement right
- Representing yourself: which forms need a notary
- Documents for courts in other states
This is general information, not legal advice, and NotarEaseNYC is not a law firm. A notary cannot tell you what to file, draft a document, or advise on a case. Court rules differ by court and by type of proceeding, so follow the instructions from the court handling your matter and speak with an attorney where anything significant is at stake.