Affidavits in California

Part 4, Title 3, Chapter 3, Article 2 deals with affidavits and the manner of production of evidence in this state.

Section 2009 provides that an affidavit may be used to verify a pleading or a paper in a special proceeding, to prove the service of a summons, notice, or other paper in an action or special proceeding, to obtain a provisional remedy, the examination of a witness, or a stay of proceedings, and in uncontested proceedings to establish a record of birth, or upon a motion, and in any other case expressly permitted by statute.

Section 2010 specifies that evidence of the publication of a document or notice required by law, or by an order of a Court or Judge, to be published in a newspaper, may be given by the affidavit of the printer of the newspaper, or his foreman or principal clerk, annexed to a copy of the document or notice, specifying the times when, and the paper in which, the publication was made.

Section 2011 states that, if an affidavit is made in an action or special proceeding pending in a Court, it may be filed with the Court or a Clerk.

Section 2012 says that an affidavit to be used before any court, judge, or officer of this state may be taken before any officer authorized to administer oaths.

Section 2013 specifies that an affidavit taken in another State of the United States, to be used in this State, may be taken before a Commissioner appointed by the Governor of this State to take affidavits and depositions in such other State, or before any Notary Public in another State, or before any Judge or Clerk of a Court of record having a seal.

Section 2014 states that an affidavit taken in a foreign country to be used in this State, may be taken before an Ambassador, Minister, Consul, Vice Consul, or Consular Agent of the United States, or before any Judge of a Court of record having a seal in the foreign country.

Section 2015 provides that, when an affidavit is taken before a judge or a court in another state or in a foreign country, the genuineness of the signature of the judge, the existence of the court, and the fact that such judge is a member thereof, must be certified by the clerk of the court under seal.

Section 2015.3 specifies that the certificate of a sheriff, marshal, or the clerk of the superior court, has the same force and effect as his or her affidavit.

Section 2015.5 provides that when any matter is required or permitted to be supported, evidenced, established, or proved by the sworn statement, declaration, verification, certificate, oath, or affidavit, in writing of the person, it must be done so under penalty of perjury and be subscribed by him or her. And, the certification or declaration may be in substantially the specified form.

Section 2015.6 states that an oath is required to be taken by a person appointed to discharge specific duties in a particular action, proceeding or matter, whether or not pending in court. The affirmation commences with “I solemnly affirm,” and then it must state the substance of the other matter required by the oath, the date and place of execution and be subscribed by him or her.