Volume 0013-Ch.02--Manner of Production-Affidavits-All Sections

The statutory provisions relating to Manner of Production of  Evidence regarding Affidavits are set forth  in California Code of Civil Procedure Sections §§ 2009-2015.6. California Code of Civil Procedure Section §§ 2009-2015.6  provide as follows:  

 

CODE OF CIVIL PROCEDURE
SECTION 2009-2015.6

2009.  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.



2010.  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.



(2011.)  Section Two Thousand and Eleven.  If such affidavit be made
in an action or special proceeding pending in a Court, it may be
filed with the Court or a Clerk thereof.  If not so made, it may be
filed with the Clerk of the county where the newspaper is printed.
In either case the original affidavit, or a copy thereof, certified
by the Judge of the Court or Clerk having it in custody, is prima
facie evidence of the facts stated therein.



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


(2013.)  Section Two Thousand and Thirteen.  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.



(2014.)  Section Two Thousand and Fourteen.  An affidavit taken in a
foreign country to be used in this State, may be taken before an
Embassador, Minister, Consul, Vice Consul, or Consular Agent of the
United States, or before any Judge of a Court of record having a seal
in such foreign country.


2015.  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 the seal thereof.



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


2015.5.  Whenever, under any law of this state or under any rule,
regulation, order or requirement made pursuant to the law of this
state, 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 making the same (other than a deposition, or an
oath of office, or an oath required to be taken before a specified
official other than a notary public), such matter may with like force
and effect be supported, evidenced, established or proved by the
unsworn statement, declaration, verification, or certificate, in
writing of such person which recites that it is certified or declared
by him or her to be true under penalty of perjury, is subscribed by
him or her, and (1), if executed within this state, states the date
and place of execution, or (2), if executed at any place, within or
without this state, states the date of execution and that it is so
certified or declared under the laws of the State of California.  The
certification or declaration may be in substantially the following
form:
   (a) If executed within this state:

   "I certify (or declare) under penalty of perjury that the
foregoing is true and correct":  _______(Date and Place)    _______
(Signature)
   (b) If executed at any place, within or without this state:

   "I certify (or declare) under penalty of perjury under the laws of
the State of California that the foregoing is true and correct":
_______(Date and Place)    _______(Signature)



2015.6.  Whenever, under any law of this State or under any rule,
regulation, order or requirement made pursuant to law, 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, including but not limited to a person appointed as
executor, administrator, guardian, conservator, appraiser, receiver,
or elisor, an unsworn written affirmation may be made and executed,
in lieu of such oath.  Such affirmation shall commence "I solemnly
affirm," shall state the substance of the other matter required by
the oath, the date and place of execution and shall be subscribed by
him.

Affidavits ...................................... 2009-2015.6
CHAPTER 2.  MEANS OF PRODUCTION ................................ 1985-1997
Privilege of Defendant in Criminal Case .......930
California Evidence Code Sections-950-962-Lawyer-Client-Official Site
California Evidence Code-Official Site
 

Volume 0011Ch.02-Production of Evidence-Means of Production-All Sections