Commissioners for Oaths

A Commissioner for Oaths is a person who is authorised to witness the signing of important legal documents, including:

• Affidavits (sworn statements from a witness), and
• Statutory declarations (signed statements that information is true or accurate).

They are appointed by the Chief Justice and are usually, though but are not always, a solicitor. All practicing solicitors can also administer oaths.

Unlike a Peace Commissioner, a Commissioner for Oaths charges a fee for their services.

You may need a Commissioner for Oaths if you are:

• Giving evidence on affidavit for court proceedings in Ireland
• Making an affirmation, declaration, acknowledgement, examination or signing something to confirm it is true for a variety of reasons, including for court proceedings or to register documents

If you need a Commissioner for Oaths, you should contact a solicitor and ask whether they provide this service to the public. You may need to show the Commissioner with evidence of your identity, such as a passport or driving licence.

When you go to a Commissioner for Oaths, they will:

• Make sure you have a document that is in writing
• Check your identification
• Check that you have read the affidavit or document and understand what it says
• Make sure you swear that the affidavit is true
• Verify that the affidavit was properly sworn by completing a "jurat" which records your name, the place and the date.

You may be asked to swear on a sacred text. The Commissioner for Oaths will have a variety of sacred texts to use, such as a bible. If you are not religious, you can make an affirmation rather than an oath.

The fees a Commissioner for Oaths can charge are set in the Rules of the Superior Courts. The fees are:

• €10 euro for each signature for verifying statements
• €2 charge for each exhibit (evidence) that is attached to the document, up to a maximum of €30.

You should ask for the charges beforehand as they may vary. For example, if the Commissioner for Oaths has to travel to you, there may be an extra fee.

A Commissioner for Oaths, who is also a Peace Commissioner, must not charge fees for administering oaths or taking declarations or affirmations that they cannot charge for as a Peace Commissioner.

The Chief Justice must appoint a Commissioners for Oaths. If you want to apply, you must make a petition showing where you live, your occupation and why you are suitable to be appointed. You must also provide a certificate of fitness generally signed by six members of the legal profession and six leaders of the local business community.

There are a  number of fees (pdf) you have to pay when making an application to become a Commissioner for Oaths.

If you are a Commissioner for Oaths and you are:

• A solicitor – you cannot use your powers in any proceedings if you are acting for any of the parties or in which you have an interest.
• Not a solicitor – you must not practise outside the area for which you are appointed.

You can find a Commissioner near you on the Commissioner for Oaths Register or find a local solicitor.

You can find more about Commissioner for Oaths on courts.ie.