Administration of Oaths

California’s Code of Civil Procedure in Part 4, Title 6, Chapter 3 deals with the administration of oaths and affirmations.

Section 2093 provides that a court, judge or clerk of a court, justice, notary public, and officer or person authorized to take testimony in an action or proceeding, or to decide upon evidence, has the power to administer oaths and affirmations.

In addition, a shorthand reporter certified has the power to administer oaths and affirmations and may perform the duties of the deposition officer.

A former judge or justice of a court of record in the state who retired or resigned from office may administer oaths and affirmations, if the former judge or justice requests and receives a certification from the Commission on Judicial Performance. The Commission is required to issue a certification enabling a former judge or justice to administer oaths and affirmations if the two specified conditions are satisfied.

Section 2094 specifies that an oath, affirmation, or declaration in an action or a proceeding, may be administered by obtaining an affirmative response to one of two specified questions. In the alternative to the forms prescribed, the court may administer an oath, affirmation.