An affidavit to be used before any court, judge, or officer of this state may be taken before any officer authorized to administer oaths.
§ 2012.Officers before whom taken
Title 3. Of the Production of Evidence · Chapter 3. Manner of Production · Article 2. Affidavits · Last amended 1907 · Last verified July 29, 2026
In one sentenceSection 2012 provides that an affidavit meant for use before a California court, judge, or officer may be taken before any officer authorized to administer oaths, rather than limiting that authority to a narrow, specifically named list of officials.
Full Text of § 2012
Plain-English Summary
Before this section was amended in 1907, the code tried to spell out exactly which officers could take an affidavit, and the list left out officials it should have included. The modern rule fixes that by speaking in general terms: any officer authorized to administer oaths can take an affidavit meant for use before a California court, judge, or officer. Notaries public are the most familiar example, but the rule reaches any official whose authority to administer oaths is established elsewhere in the law.
This section covers affidavits taken within California for use here. Sections 2013 and 2014 pick up the separate questions of who may take an affidavit in another state or in a foreign country for use in a California proceeding.
Frequently Asked Questions
Who can take an affidavit under Section 2012?
Any officer authorized to administer oaths, not just a specifically enumerated list of officials.
Does the affidavit have to be taken before a notary public specifically?
No. A notary is one common example, but any officer with authority to administer oaths qualifies.
Why was this section amended in 1907?
The earlier version tried to list the qualifying officers by name and left out officials that should have been covered, so the amendment broadened the rule to a general standard.
What if the affidavit is taken outside California?
Sections 2013 and 2014 separately address affidavits taken in another state or in a foreign country for use in a California case.
Amendment History
(Enacted in 1872. Amended by Stats.1907, c. 393, p. 734, § 1.)
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 2012 who can take an affidavitofficer authorized to administer oaths californianotarizing affidavit california court