Duhaime's Law Dictionary


Commissioner of Oath Definition:

A formal appointment or commission governments give to individuals empowering them to certify the oath of another upon documents, such as affidavits.

Related Terms: Notary

Lawyers are usually commissioners of oath ex officio as are notaries for whom the office is the raison d’être.

Some jurisdictions (like British Columbia) are excessively conservative in not supplementing the core group of professional commissioners by the empowerment of paralegals.

This means more money for lawyers and notaries who can bill for the simple service of taking an oath. Even asking a Court clerk to act as commissioner of oath on an affidavit, for example, can be costly.

Other jurisdictions, like Quebec, assist in reducing the cost and complexity of aces to justice by generously extending the commission or appointment – even to law firm secretaries.

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