Affidavits vs. Sworn Affidavits: Clearing Up a Common Misunderstanding
In our day-to-day work, one trend keeps repeating: people often show up with an “affidavit” and assume it’s all the same thing. It isn’t. The confusion usually comes from past experiences where the document was handled incorrectly or oversimplified.
There are two very different categories at play, and understanding the gap is critical.
The Basic Affidavit (No Sworn Language)
Some affidavits are simply written statements of fact. They don’t contain words like swear, affirm, or under oath. These documents may not require a sworn act, and depending on agency requirements, they might only need an acknowledgment — a basic verification of identity and signature.
Simple. Straightforward. Minimal risk.
The Sworn Affidavit (Oath Required)
This is where many people get misled.
If the document includes:
“I swear…”
“I affirm…”
“I declare under penalty of perjury…”
“Being duly sworn…”
…it’s no longer a basic affidavit. It becomes a sworn affidavit, and that automatically triggers a jurat.
You’re not just verifying identity — you’re placing the signer under oath, confirming they signed in front of you, and certifying the truthfulness of the statement.
And that’s a serious responsibility.
Why This Confusion Happens So Often
Honestly, most people have never had anyone explain the difference. They were told “sign here, stamp here,” and the process moved on. Over time, bad habits turned into “common practice,” even when it wasn’t compliant.
So clients walk in believing:
All affidavits are the same
An acknowledgment is always enough
The notary is just a witness
When in reality, the document itself dictates the notarial act — not past experience.
Why Jurats Carry a Different Price
A jurat isn’t a casual signature verification. It involves:
Administering a formal oath
Witnessing the signature
Ensuring the signer understands the legal weight
Certifying sworn truthfulness
That is higher risk for the signer and higher responsibility for the notary.
Naturally, the pricing reflects the added duty and liability.
Keeping It Clear and Correct for Every Client
We’ve learned that people appreciate when someone finally explains this in plain language. It avoids rejections, prevents mistakes, and gives clients confidence that the document will stand up where it matters.
At Sun Star Notary, our goal is simple:
make the process compliant, make it understandable, and make it effective.