Ireland & Commissioner for Oaths
A Commissioner for Oaths is a person who has been authorised to swear affidavits, which are statements in writing and on oath, as well a a range of other legal documents.
The position of Commissioner for Oaths is an appointment made by the Chief Justice and is usually a solicitor. All solicitors with a current practising certificateare entitled to to use the title “Commissioner for Oaths” and therefore can administer oaths. A Commissioner for Oaths in Ireland may continue ‘in office’ as a Commissioner for Oaths whilst s/he remains a practcing solicitor.
A Commissioner for Oaths may be required if:
- you are giving evidence on affidavit for court proceedings in Ireland
- you are making a declaration, an affirmation or attestation for court proceedings or for the purposes of registration of documents
The Functions of a Commissioner for Oaths
The principal functions of a Commissioner for Oaths are:
- to ensure that the evidence in question is in written form (e.g. the draft affidavit)
- to confirm that the person before him/her has read ‘the draft affidavit’ and properly understands the contentsof it
- to require the person swears that the affidavit is true;
- to complete the jurat on the affidavit which verifies that the affidavit was sworn correctly
Oaths and Affirmations
Any person making an oath is required to swear the oath in the following fashion:
- by raising the New Testament, or if Jewish by raising the Old Testament.
- by repeating this oath before the Commissioner for Oaths:
- “I swear by Almighty God that this is my name and handwriting, and that the contents of this my affidavit are true”.
- If there is objection to being sworn on the grounds that taking an oath is either against his/her religious belief or has no religious belief is permissible to make a solemn affirmation, phrased as follows:
“I, C D, do solemnly and sincerely affirm that this is my name and handwriting, and that the contents of this my affidavit are true”.
- There may be a requirement to provide evidence of identity by the Commissioner particularly if you are having an affadavit verified (but this does depend on the type of document to be verified). It isa good idea to have normal forms of identification availble such as your passport, driving licence or your student I.D. car.
How much does it cost?
The standard fee is €10 per signature for verifying statements. For any exhibit attached to the document to be signed, e.g. a birth certificate, there is an additional €2 charge. It is advisable to confirm the fees in advance.