Does an Affidavit Have to Be Notarized? Requirements & Exceptions

Key Takeaways (read this first)

• Core rule: An affidavit typically requires notarization (a jurat: you swear/affirm the truth before a notary who completes a certificate). National Notary Association

• Big exception (federal): In U.S. federal matters, a written unsworn declaration under penalty of perjury can substitute for a notarized affidavit—28 U.S.C. § 1746. U.S. Code

• State-level exceptions exist: Many states allow unsworn declarations in place of affidavits for most civil uses (e.g., California CCP § 2015.5, Texas CPRC § 132.001). Check your state’s rule. FindLaw Codes+1

  

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  Remote notarization: Most states now allow remote electronic/online notarization (RON); you can complete a jurat by secure audio-video with approved ID checks. NASS

• Which notarial act? Affidavits use a jurat (you swear/affirm and typically sign in the notary’s presence), not an acknowledgment. National Notary Association

• Immigration example: The USCIS I-864 “Affidavit of Support” is signed under penalty of perjury and is not notarized; the signature functions as a certification. Foreign Affairs Manual

• Uniform standards: Many states follow RULONA (Revised Uniform Law on Notarial Acts), which sets baseline rules for notarial acts, e-notarization, and remote procedures. Uniform Law Commission

• Bottom line for you: If a court, agency, contract, or statute says “affidavit” and doesn’t allow unsworn declarations, get it notarized. If it does allow unsworn declarations (or you’re in a federal matter under § 1746), a notarization is not required. U.S. Code+2FindLaw Codes+2

What “Notarized Affidavit” Really Means (and Why Courts Care)

An affidavit is a written statement of facts confirmed by oath or affirmation. The notarization piece is the jurat—a notary verifies your identity, witnesses your oath/affirmation, and completes a certificate stating you swore the truth. Courts like jurats because they deter false statements and make signers accountable for perjury. National Notary Association

Opinion: If you have any doubt about whether an unsworn declaration will be accepted, default to a notarized jurat—it’s the most universally recognized format and avoids clerk rejections.

When Notarization Is Required

1. A rule or order demands an “affidavit.” Some courts, agencies, and contracts still require an actual affidavit (with jurat).

2. Your state doesn’t permit unsworn declarations for your use case. States vary; certain filings (e.g., specific probate, real estate, or family-law forms) still require an affidavit.

3. The document will be used across multiple jurisdictions. If you’re shopping the same facts to multiple courts/agencies, notarization is the safest common denominator.

How to check quickly: Look at the filing instructions or statute you’re using. If it explicitly authorizes declarations “under penalty of perjury,” you can usually skip the notary. If it says “affidavit” with no alternative, assume a jurat is required. U.S. Code+2FindLaw Codes+2

When Notarization Isn’t Required (Legally Valid Alternatives)

1) Federal proceedings: 28 U.S.C. § 1746

Congress allows an unsworn declaration under penalty of perjury to replace a notarized affidavit in federal contexts. Use the exact statutory wording and date/sign it. This is widely accepted in federal courts and agencies. U.S. Code

2) State unsworn-declaration statutes

A growing number of states allow unsworn declarations in lieu of affidavits for most civil filings (with limited exceptions). Examples:

• California: Code of Civil Procedure § 2015.5 (specific certification language). FindLaw Codes

• Texas: Civil Practice & Remedies Code § 132.001 (broad substitution, with listed exceptions). FindLaw Codes

3) Specific agency forms with perjury language

Agencies often build penalty-of-perjury text into their forms. Example: The I-864 “Affidavit of Support” used in immigration cases relies on a perjury certification rather than notarization; guidance confirms that by signing, the sponsor certifies the truth of attached transcripts/copies. Foreign Affairs Manual

Remote, Electronic, and Cross-Border Options

• RON (Remote Online Notarization): As of recent tallies, most states and D.C. authorize remote e-notarization. You appear by secure audio-video, verify ID, and the notary completes an electronic jurat—perfect when timing or distance makes in-person notarization hard. Always follow your state’s ID and record-keeping requirements. NASS

• Uniform framework: Many states model their laws on RULONA, which recognizes electronic notarization and sets standards for acknowledgments, jurats, witnessing, and certified copies. Uniform Law Commission

Real-life example: A traveling nurse swears an affidavit for a wage-claim case from a hotel room via RON at 9 p.m.; the court accepts the e-jurat the next morning. (Had the case been purely federal and allowed § 1746, she could have used an unsworn declaration instead.)

Choosing the Right Path: Quick Decision Guide

1. Is it a federal matter (court/agency)?
   → Use § 1746 unsworn declaration unless the rule specifically demands a notarized affidavit. U.S. Code

2. Is it state court or a state agency?
   → Check your state’s unsworn-declaration statute and the form’s instructions. If authorized, use a perjury declaration; if silent or it says “affidavit,” get it notarized. FindLaw Codes+1

3. Need a notary fast or after hours?
   → Consider RON (remote online notarization) through a state-approved provider. NASS

How to Notarize an Affidavit (Step-by-Step)

1. Prepare the facts (clear, numbered paragraphs).

2. Bring valid ID (as your state requires).

3. Sign only in front of the notary (jurat requires in-person or approved remote presence).

4. Take the oath/affirmation—you swear the contents are true.

5. Notary completes the jurat (certificate with venue, date, and notary details).

6. Check for required attachments (exhibits referenced in the text).

7. File or deliver as instructed (some courts require original ink or certified e-copies). National Notary Association

Common Mistakes That Trigger Rejections (and How to Avoid Them)

• Using an acknowledgment instead of a jurat for affidavits (they’re different). Fix: Ask for a jurat. National Notary Association

• Signing before you meet the notary (invalid jurat). Fix: Sign during the session.

• Wrong or missing perjury language on unsworn declarations. Fix: Use the exact statutory wording for your jurisdiction (e.g., § 1746 or your state’s statute). U.S. Code+1

• Ignoring remote-notary rules (ID/recording/tech requirements). Fix: Use a provider that complies with your state’s RON rules. NASS

Cost, Timing, and Practical Tips

• Cost: In-person notarization is often $5–$15 per jurat; RON services vary (commonly $25–$40+).

• Timing: Many RON platforms operate 24/7, helpful for filings with tight deadlines.

• Strategy tip: If your filing may travel between federal and state venues or cross state lines, a notarized jurat is the most “portable” choice—unless your rules clearly authorize a perjury declaration.

FAQs

Is a “sworn statement” the same as an affidavit?
Close. An affidavit is a sworn statement with a jurat. A declaration under penalty of perjury is sworn in substance, but not notarized. Whether it’s acceptable depends on the governing rule or statute. National Notary Association+1

Can I just add perjury language myself?
Yes—if your rule (federal § 1746 or your state statute) authorizes it and you use the required wording. Otherwise, use a notarized affidavit. U.S. Code+1

Is remote notarization valid everywhere?
Most states and D.C. now authorize remote e-notarization; acceptance across state lines generally follows your notary’s commissioning state law, but always confirm venue-specific rules. NASS

Do immigration “affidavits” need a notary?
For USCIS Form I-864, the sponsor signs under penalty of perjury—no notarization; the signature itself is the required certification. Foreign Affairs Manual

Sources

1. 28 U.S.C. § 1746 – Unsworn declarations under penalty of perjury (official text). U.S. Code

2. California CCP § 2015.5 – Unsworn declarations in lieu of affidavits. FindLaw Codes

3. Texas CPRC § 132.001 – Unsworn declarations permitted. FindLaw Codes

4. RULONA (Revised Uniform Law on Notarial Acts) – Current act overview (Uniform Law Commission). Uniform Law Commission

5. NASS – Status of Remote Electronic Notarization nationwide. NASS

6. National Notary Association – Jurat vs. acknowledgment (what an affidavit requires). National Notary Association

7. U.S. Dept. of State, 9 FAM 601.14 – I-864 signatures under penalty of perjury meet certification. Foreign Affairs Manual

8. USCIS Policy Manual, Vol. 1, Part B, Ch. 2 – Signatures under penalty of perjury. USCIS

Video (helpful how-tos)

• National Notary Association – What is a Jurat? (YouTube)

• Uniform Law Commission – Electronic and Remote Notarization Overview (webinar recording)

• Court-filing tutorial – Using 28 U.S.C. § 1746 Declarations in Federal Court (CLE/clinic explainer)

(Tip: search these exact titles on YouTube/Vimeo or your court’s self-help channel for jurisdiction-specific walkthroughs.)

Disclaimer

This article is for general informational purposes and not legal advice. Laws and court rules vary by jurisdiction and change over time. For a high-stakes filing, consult a licensed attorney in your state or the clerk’s office for current requirements.