Legal Definitions - extrajudicial oath

An extrajudicial oath refers to a solemn promise or declaration made under oath, but which occurs outside the context of a formal court proceeding or judicial hearing. While it is a sworn statement, it is not administered by a judge or court official during active litigation. Instead, it is typically taken before an authorized individual, such as a notary public or another officer empowered to administer oaths, for purposes that do not directly involve an ongoing legal action. These oaths still carry significant weight and can have legal consequences if found to be false.

Here are some examples:

• Government Application: A person applying for a specific government benefit, such as a visa or a professional license, is often required to submit an affidavit. This affidavit is a written statement sworn to be true before a notary public, attesting to certain facts or eligibility criteria. The oath taken by the applicant before the notary is an extrajudicial oath because it is for an administrative application and not part of a court case.

• Insurance Claim: After experiencing a significant loss, such as property damage from a natural disaster, an individual might be required by their insurance company to submit a "sworn proof of loss" statement. This document details the extent of the damage and the value of the lost items, and it must be signed under oath before a notary public. This oath is extrajudicial because it is part of the private insurance claim process, not a judicial proceeding.

• Internal Corporate Investigation: If a company is conducting an internal investigation into serious misconduct, such as fraud or harassment, its legal department might ask employees who witnessed the events to provide sworn statements. These statements are administered by an internal counsel or an HR manager who is also a notary public, outside of any court. The oaths taken by the employees in this scenario are extrajudicial, as they are for an internal corporate matter rather than a formal court hearing.