§ 2014.Made in foreign country; 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
Full Text of § 2014
Plain-English Summary
This section is the foreign-country counterpart to Section 2013's rule for other states. Someone abroad who needs to swear an affidavit for use in a California proceeding can do so before a United States diplomatic or consular officer stationed there, an ambassador, minister, consul, vice consul, or consular agent, or before a judge of a court of record with a seal in that foreign country.
Either path gives a California court an official the law already trusts, either because the officer represents the United States abroad or because the foreign court's seal and record-keeping offer their own guarantee of reliability. A notary or other local official who does not fit one of these categories does not qualify under this section.
Frequently Asked Questions
Who can take an affidavit sworn in a foreign country for use in a California case?
A United States ambassador, minister, consul, vice consul, or consular agent stationed there, or a judge of a court of record with a seal in that country.
Does the foreign court need a seal for the affidavit to qualify?
Yes, when the affidavit is taken before a judge of a foreign court of record rather than a United States consular officer.
How is this section different from Section 2013?
Section 2013 addresses affidavits taken in another state of the United States; this section addresses affidavits taken in a foreign country.
Can a local notary in the foreign country take the affidavit instead?
No. The section lists specific United States consular officers or a judge of a foreign court of record; a local notary outside those categories does not qualify.
Amendment History
(Enacted in 1872. Amended by Code Am.1873-74, c. 383, p. 389, § 242.)