Each of the justices of the Supreme Court and of any court of appeal and the judges of the superior courts, shall have power in any part of the state to take and certify:
§ 179.Taking affidavits and depositions and certification of acknowledgments
Title 2. Judicial Officers · Chapter 4. Incidental Powers and Duties of Judicial Officers · Last amended 2003 · Last verified July 28, 2026
In one sentenceSection 179 authorizes justices of the Supreme Court and Courts of Appeal and superior court judges to take and certify, anywhere in the state, the proof or acknowledgment of a real property conveyance or other written instrument, the acknowledgment of satisfaction of a judgment, and affidavits or depositions to be used in California.
Full Text of § 179
(a) The proof and acknowledgment of a conveyance of real property, or of any other written instrument.
(b) The acknowledgment of satisfaction of a judgment of any court.
(c) An affidavit or deposition to be used in this state.
Plain-English Summary
Section 179 gives California’s appellate justices and superior court judges a set of notarial-style powers that operate independent of the case in front of them. Anywhere in the state, a justice or judge can take and certify the proof or acknowledgment of a conveyance of real property or any other written instrument, certify that a judgment has been satisfied, and take an affidavit or deposition meant for use in California.
These powers exist because judges and justices are trusted officials whose certification carries legal weight for document authentication purposes that have nothing to do with pending litigation — recording a deed, for example, or confirming a judgment has been paid off. The section’s “anywhere in the state” language means a judge is not limited to acting within the judge’s own county or district when performing these functions.
Official Comment
The following official comments are published by the California Law Revision Commission (and, for a few older sections, its predecessor Code Commissioners) alongside the statute itself — not commentary from this site.
1998 Law Revision Commission Comment. Section 179 is amended to reflect the elimination of the justice court. Cal. Const. art. VI, §§ 1, 5(b).
2002 Law Revision Commission Comment. Section 179 is amended to reflect unification of the municipal and superior courts pursuant to Article VI, Section 5(e), of the California Constitution.
Frequently Asked Questions
Can a superior court judge certify that a judgment has been paid in full?
Yes. Section 179(b) authorizes a judge to take and certify the acknowledgment of satisfaction of a judgment of any court.
Is a judge limited to their own county when exercising these powers?
No. Section 179 authorizes justices and judges to take and certify these matters anywhere in the state.
Can a judge take an affidavit for use in a California proceeding?
Yes. Section 179(c) covers an affidavit or deposition to be used in this state.
Amendment History
Enacted 1872. Repealed and re-enacted Code Amdts 1880 ch 35 § 1. Amended Stats 1933 ch 743 § 49; Stats 1953 ch 457 § 4; Stats 1967 ch 17 § 11; Stats 1998 ch 931 § 49 (SB 2139), effective September 28, 1998; Stats 2002 ch 784 § 38 (SB 1316); Stats 2003 ch 62 § 23 (SB 600).
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: ccp 179 judge notarial powersjudge certify satisfaction of judgment californiajudge acknowledgment of conveyance california