The certificate of a sheriff, marshal, or the clerk of the superior court, has the same force and effect as his or her affidavit.
§ 2015.3.Certificate of sheriff, marshal, or court clerk; force and effect
Title 3. Of the Production of Evidence · Chapter 3. Manner of Production · Article 2. Affidavits · Last amended 2002 · Last verified July 29, 2026
In one sentenceSection 2015.3 gives the certificate of a sheriff, marshal, or superior court clerk the same force and effect as that officer's affidavit, letting these officials certify facts within their official knowledge without executing a separate formal affidavit.
Full Text of § 2015.3
Plain-English Summary
Sheriffs, marshals, and court clerks routinely need to document what they did in an official capacity, serving papers, levying on property, or certifying the state of a court's own records. This section spares them the extra formality of a full affidavit for that purpose: a certificate signed in their official capacity carries the same force and effect as if they had made an affidavit to the same content.
The reference to a marshal is historical; California's marshals have since been folded into the sheriff's office and the unified superior court system, and the section's history reflects that evolution, having been amended over the years to track the elimination of the justice court and the unification of the municipal and superior courts. The rule endures because the underlying need, a quick, reliable way for these officials to certify official acts, has not gone away.
Frequently Asked Questions
What officials does Section 2015.3 cover?
A sheriff, a marshal, or the clerk of the superior court.
Does the certificate need to be separately sworn like a formal affidavit?
No. The certificate itself carries the same force and effect as an affidavit by that officer.
Why does the section still mention a marshal, an office California no longer has?
The reference is historical; marshal functions have been absorbed elsewhere, and the section's amendment history tracks that consolidation along with the elimination of the justice court and the unification of the municipal and superior courts.
Is this the same mechanism as the unsworn declaration under penalty of perjury in Section 2015.5?
No. Section 2015.3 addresses an official's certificate in place of an affidavit; Section 2015.5 is a broader, general substitute for affidavits and oaths available to any person.
Amendment History
(Added by Stats.1969, c. 1611, p. 3398, § 28, operative July 1, 1970. Amended by Stats.1982, c. 834, § 1; Stats.1996, c. 872 (A.B.3472), § 21; Stats.1998, c. 931 (S.B.2139), § 127, eff. Sept. 28, 1998; Stats.2002, c. 784 (S.B.1316), § 88.)
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 2015.3 sheriff certificate affidavitmarshal certificate same effect as affidavitsuperior court clerk certificate california