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.
§ 2011.Evidence of publication; filing; original or certified copy as prima facie evidence
Title 3. Of the Production of Evidence · Chapter 3. Manner of Production · Article 2. Affidavits · Last amended 1873 · Last verified July 29, 2026
In one sentenceSection 2011 explains where a publication affidavit must be filed, either with the court handling the pending case or, if no case is pending, with the clerk in the county where the newspaper is printed, and gives the filed original, or a certified copy, prima facie evidentiary weight.
Full Text of § 2011
Plain-English Summary
Once a printer's affidavit proves publication under Section 2010, this section tells the affiant where to file it. If the affidavit relates to an action or special proceeding already pending in court, it goes to that court or its clerk. If no such matter is pending, it instead goes to the clerk of the county where the newspaper is printed, giving the affidavit a fixed public home even when there is no active case to attach it to.
Either way, the original affidavit, or a certified copy issued by the judge or clerk who has custody of it, is prima facie evidence of the facts it states. That means the affidavit is sufficient on its own to establish publication unless someone comes forward with evidence to the contrary; the party relying on it does not need to independently prove the newspaper ran the notice.
Frequently Asked Questions
Where is a publication affidavit filed if a case is already pending?
With the court, or a clerk of the court, in which the action or special proceeding is pending.
Where is it filed if no case is pending?
With the clerk of the county where the newspaper is printed.
What does it mean for the affidavit to be prima facie evidence?
It is sufficient by itself to establish the facts stated in it, publication occurred as described, unless contrary evidence is offered.
Can a certified copy of the affidavit be used instead of the original?
Yes. A copy certified by the judge or clerk having custody of the original carries the same prima facie effect.
Amendment History
(Enacted in 1872. Amended by Code Am.1873-74, c. 383, p. 388, § 240.)
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
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