If the affiant does not sign the jurat, what happens to the complaint?

Prepare for the Clerk Certification Level 1 Exam. Utilize our multiple choice questions and detailed explanations. Ace your certification!

Multiple Choice

If the affiant does not sign the jurat, what happens to the complaint?

Explanation:
A sworn statement hinges on the oath tied to the jurat. The jurat is where the affiant confirms, under oath, that the contents of the complaint are true, and the affiant’s signature on that jurat is what binds the oath to the document. If the affiant does not sign, there is no sworn oath attached to the complaint, so it cannot be considered valid. The notary’s seal or the presence of another signer cannot substitute for the affiant’s obligation to sign and swear to the statements. In most cases, the remedy is to have the affiant sign and re-create a proper jurat or refile the complaint with a correct, sworn affidavit.

A sworn statement hinges on the oath tied to the jurat. The jurat is where the affiant confirms, under oath, that the contents of the complaint are true, and the affiant’s signature on that jurat is what binds the oath to the document. If the affiant does not sign, there is no sworn oath attached to the complaint, so it cannot be considered valid. The notary’s seal or the presence of another signer cannot substitute for the affiant’s obligation to sign and swear to the statements. In most cases, the remedy is to have the affiant sign and re-create a proper jurat or refile the complaint with a correct, sworn affidavit.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy