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§ 2013.Made in foreign state; before whom taken

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 2013 sets out who may take an affidavit in another state of the United States for use in a California case: a commissioner the Governor of California appointed for that state, any notary public there, or a judge or clerk of a court of record with a seal.

Full Text of § 2013

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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.

Plain-English Summary

An affidavit sworn in another state still needs to satisfy California's own rules before it can be used here, and this section supplies three ways to do that. The Governor of California can appoint a commissioner in another state specifically to take affidavits and depositions there, and an affidavit taken before that commissioner qualifies. So does an affidavit taken before any notary public in the other state, and so does one taken before a judge or clerk of a court of record that has a seal.

Any one of the three options works; the section does not require all of them or rank one above another. The point is to give someone outside California a familiar, accessible official to swear an affidavit before, without forcing them to travel to California or find a California-commissioned officer nearby.

Frequently Asked Questions

Can a notary public in another state take an affidavit for use in a California case?

Yes. Section 2013 lists any notary public in the other state as one of the qualifying officials.

What is a commissioner of affidavits and depositions?

An official the Governor of California appoints in another state specifically to take affidavits and depositions there for use in California proceedings.

Does the out-of-state court need to have a seal?

Yes, if the affidavit is taken before a judge or clerk of a court of record rather than a notary or commissioner.

How does this section differ from Section 2014?

Section 2013 covers affidavits taken in another state of the United States; Section 2014 covers affidavits taken in a foreign country.

Amendment History

(Enacted in 1872. Amended by Stats.1873-74, c. 383, p. 389, § 241.)

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 2013 out of state affidavit californianotary public another state affidavit for california casecommissioner of affidavits and depositions