Posted by LKT/CA on 3/26/12 5:17pm
Msg #416127

In CA, affidavits MUST have jurats

As with Florida, the CA handbook and the 2012 Newsletter state the affidavits require jurats. The doc preparer or doc signer may choose the type of notarial certificate if one is absent from the doc for all docs EXCEPT affidavits. Affidavits require jurats in California.

From the handbook, page 24: Gov't Code 8202 (b) To any affidavit subscribed and sworn to before a notary, there *shall* be attached a jurat.

From the 2012 Newsletter: Page 4, If a document is an affidavit or if the signer is requesting a jurat, then before completing the jurat,........

The 2012 Newsletter is TELLING you to use a jurat with an affidavit. Can't be more clear than that.

Reply by FlaNotary2 on 3/26/12 5:39pm
Msg #416129

I'm so glad that states are starting to use common sense rather than feed into UPL paranoia.

An affidavit without a jurat is not an affidavit, and if an attorney objects to it in court it usually gets thrown out on its face. An affidavit has to have a jurat. I hope other states follow suit.

Reply by Dave_CA on 3/27/12 1:10pm
Msg #416188

I have seen many documents that say affidavit in the title. If they do not have any language specifying subscribed and sworn to(or affirmed) or don't require an oath and the prepare has included an ack. then I believe we can use it.
JMO

Reply by jba/fl on 3/27/12 1:19pm
Msg #416190

Perhaps you should acquaint yourself with the definition of affidavit:

http://legal-dictionary.thefreedictionary.com/affidavit

"A written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to do so by law."

"'The Oath or Affirmation
Unless otherwise provided by statute, an oath is essential to an affidavit. The statement of the affiant does not become an affidavit unless the proper official administers the oath.

When religious convictions prevent the affiant from taking an oath, he or she may affirm that the statements in the affidavit are true."

You may want to read the entire article, thereby, gain some insight of your working terminology.

Reply by Dave_CA on 3/27/12 1:30pm
Msg #416191

I do understand what an affidavit is & I think you missed my point.
I'm saying that simply sticking the word affidavit somewhere in the title of a document and then NOT having any language requiring an oath but including the correct language for an ack. should not require us to change the type of cert.
If there is any language requiring an oath then we need to change the ack. to a jurat.
Again JMO

Reply by Calnotary on 3/27/12 2:46pm
Msg #416204

Title of the document on top it says bla, bla Affidavit

right in the middle of the document it's the signature line for the borrowers and all the way down the notary certificate with a CA compliant acknowledgment. I don't change anything I just proceed to notarize. I don't decide if the doc gets a jurat or an ack. only if the pre-printed notary certificate says sworn or mentions an oath and it's not a compliant CA jurat I attach a jurat or stamp it.

I have done this for so many years and never had a trouble.

Reply by jba/fl on 3/27/12 3:12pm
Msg #416209

And somewhere in the world it is considered good manners

to the host to belch after a meal.

Reply by LKT/CA on 3/27/12 7:36pm
Msg #416244

Re: Title of the document on top it says bla, bla Affidavit

<<<I don't change anything I just proceed to notarize. I don't decide if the doc gets a jurat or an ack. only if the pre-printed notary certificate says sworn or mentions an oath and it's not a compliant CA jurat I attach a jurat or stamp it....I have done this for so many years and never had a trouble.>>>

As of the 2012 Newsletter, if you continue completing acknowledgments attached to affidavits and don't replace it with a jurat, then you will be violating notary law. It's really that simple. The doc signer/preparer cannot choose - the jurat goes with the affidavit.