An affidavit is a written declaration under oath, made without notice to the adverse party.
§ 2003.“Affidavit’’ defined
Title 3. Of the Production of Evidence · Chapter 3. Manner of Production · Article 1. Mode of Taking the Testimony of Witnesses · Enacted 1872 · no amendments on record · Last verified July 29, 2026
In one sentenceSection 2003 defines an affidavit as a written declaration made under oath, without notice to the opposing party, distinguishing it from a deposition, which requires notice and an opportunity to cross-examine.
Full Text of § 2003
Plain-English Summary
An affidavit's defining feature is what it lacks: notice to the other side. It is a written declaration under oath, but it is made without the adverse party knowing it is being taken, let alone getting a chance to question the person making it. That is what separates it from a deposition, and it is why the law limits affidavits to the kinds of uses Section 2009 lists rather than treating them as a general substitute for trial testimony.
Because the opposing party has no opportunity to cross-examine, an affidavit carries less weight than testimony tested through questioning. It works well for routine, largely uncontested matters, proving service, verifying a pleading, supporting a motion, but it is not the tool for resolving a disputed factual question at trial.
Frequently Asked Questions
What is an affidavit under Section 2003?
A written declaration made under oath, without notice to the adverse party.
Does the opposing party get notice before an affidavit is taken?
No. The absence of notice is what defines an affidavit and distinguishes it from a deposition under Section 2004.
Who can administer the oath behind an affidavit?
Section 2012 allows any officer authorized to administer oaths to take an affidavit meant for use before a California court, judge, or officer.
Can a signed declaration under penalty of perjury take the place of a notarized affidavit?
In most situations, yes. Section 2015.5 allows an unsworn declaration under penalty of perjury to substitute for an affidavit or oath.
Amendment History
(Enacted in 1872.)
Source & verification. Section text is reproduced verbatim from
the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature.
Last verified July 29, 2026.
· Official source
Also known as: ccp 2003 affidavit definitionsworn statement without notice californiaaffidavit versus deposition difference