What is an Extrajudicial Oath? A Comprehensive Guide

Definition & Meaning

An extrajudicial oath is a formal promise made outside of a court setting. This type of oath is often administered by an authorized individual, such as a notary public or a magistrate. It serves to affirm the truthfulness of statements made by the person taking the oath, which can be important in various legal and official contexts.

Table of content

Real-world examples

Here are a couple of examples of abatement:

Example 1: A person may take an extrajudicial oath when signing a mortgage agreement in front of a notary public, affirming that the information provided is accurate.

Example 2: A witness in a legal case might provide a sworn statement outside of court, affirming their observations, which is then notarized. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State Requirements for Extrajudicial Oaths
California Must be taken before a notary public or other authorized official.
Texas Requires a notary public; must be signed in the presence of the notary.
New York Can be taken before a notary or other designated official, with specific documentation requirements.

This is not a complete list. State laws vary and users should consult local rules for specific guidance.

Comparison with related terms

Term Definition Key Differences
Judicial Oath An oath taken in a court setting. Taken under the jurisdiction of a court, often with legal consequences for false statements.
Affidavit A written statement confirmed by oath. An affidavit is a specific type of extrajudicial oath that is documented in writing.

What to do if this term applies to you

If you need to take an extrajudicial oath, follow these steps:

  • Identify an authorized individual, such as a notary public.
  • Prepare the necessary documents that require the oath.
  • Schedule a meeting to take the oath and ensure all parties are present.

For convenience, you can explore US Legal Forms for templates that can assist you in preparing the necessary documentation. If your situation is complex, consider seeking professional legal assistance.

Quick facts

  • Typical fees: Varies by state and notary.
  • Jurisdiction: Varies by state law.
  • Possible penalties: Legal consequences for false statements under oath.

Key takeaways

Frequently asked questions

It serves to affirm the truthfulness of statements made outside of court, often for legal or official purposes.