Legal Definitions - witness jurat

A jurat is a formal statement, typically found at the end of an affidavit or other sworn document, signed by an authorized official (like a notary public). This statement certifies that the person signing the document appeared before the official, was identified, and swore or affirmed that the contents of the document were true.

A witness jurat is a specific application of this certification, focusing on the role of a witness. It is the part of a legal document where an authorized official certifies that a witness either signed the document in their presence or swore to the truthfulness of a statement they made. Essentially, it confirms that the witness's attestation or statement was made under oath or affirmation, just as the main signatory's statement would be.

• Example 1: Attesting to a Will

  When an individual signs their Last Will and Testament, it often requires two witnesses who also sign the document, confirming they saw the person sign and believed them to be of sound mind. To add an extra layer of legal validity, these witnesses might then appear before a notary public. The notary would add a witness jurat below the witnesses' signatures, certifying that each witness personally appeared, was identified, and swore under oath that they indeed witnessed the signing of the will and believed the person making the will was competent. This formalizes the witnesses' role and statement.

• Example 2: Affidavit of Service with a Third-Party Witness

  In a court case, a legal document must often be officially delivered, or "served," to another party. The person who performs this delivery, known as a process server, then typically files an "affidavit of service" detailing when and how the document was delivered. While the process server's own affidavit would include a standard jurat, sometimes a third-party witness might be present during the service and also sign an attestation confirming they observed the delivery. If this third-party witness's attestation needs to be sworn, a witness jurat would be appended to their signature, certifying that they appeared before a notary and swore to the truth of their statement about witnessing the service.

• Example 3: Power of Attorney Witness Affirmation

  A Power of Attorney (POA) is a legal document granting one person the authority to act on another's behalf. Depending on the jurisdiction, a POA may require witnesses in addition to the principal's signature. For instance, if an elderly person signs a POA, two neighbors might serve as witnesses, signing to confirm they saw the principal sign and understood the document. To further strengthen the POA's legal standing, especially in jurisdictions where witness affidavits are common, a witness jurat might be included for each neighbor. This jurat would certify that each neighbor personally appeared before a notary public and swore under oath that they witnessed the signing of the Power of Attorney by the principal and that the principal appeared to be acting voluntarily and competently.