A Commissioner for Oaths is appointed by the Courts of Justice and is a Solicitor or Notary Public . Every Solicitor or Notary Public holding a current practising certificate is entitled to administer oaths and to use the title "Commissioner for Oaths". A Commissioner for Oaths may continue to act as a Commissioner for Oaths for as long as he/she remains a Solicitor or Notary Public.
You may need the services of a Commissioner for Oaths if:
- you are giving evidence on affidavit for court proceedings in England
- you are making an affirmation, declaration, acknowledgement, examination or attestation for the purposes of court proceedings or for the purposes of registration of documents
The Functions of a Commissioner for Oaths
The essential functions of a Commissioner for Oaths are:
- to make sure that the evidence in question is in written form (the draft affidavit)
- to establish that the person before him/her has read the draft affidavit and fully understands the contents
- to require the person to swear that the affidavit is true by raising the appropriate Testament in the right hand and repeating the words of the oath
- to verify that the affidavit was properly sworn by completing a "jurat" on the affidavit
- to charge a fee for his/her services.
Rules
Oaths and Affirmations
A person making an oath will be required to swear the oath by raising the New Testament. A person who is Jewish may swear the oath by raising the Old Testament. It's important to remember that you may also be required to provide evidence of your identity by the Commissioner particularly if you are having an affadavit verified (but this largely depends on the type of documents that is being verified). It is useful however to bring a standard form of identification with you on your visit, (a passport, driving licence, social welfare book, student I.D. card, etc.).
The oath to be taken by persons before the Commissioner for Oaths is as follows
"I swear by Almighty God that this is my name and handwriting, and that the contents of this my affidavit are true".
A person who objects to being sworn on the grounds that taking an oath is against his/her religious belief or that he/she has no religious belief is permitted to make a solemn affirmation, which is phrased as follows:
"I, A.B., do solemnly and sincerely affirm that this is my name and handwriting, and that the contents of this my affidavit are true".
How to apply
For more information concerning our Commissioners for Oaths legal services, please either ring + 44 (0) 20 3178 5780 or complete our online enquiry form.