(a) A court, judge or clerk of a court, justice, notary public, and officer or person authorized to take testimony in an action or proceeding, or to decide upon evidence, has the power to administer oaths and affirmations.
§ 2093.Persons authorized to administer oaths and affirmations
Title 6. Of Evidence in Particular Cases, and Miscellaneous and General Provisions · Chapter 3. Administration of Oaths and Affirmations · Last amended 2093 · Last verified July 29, 2026
In one sentenceSection 2093 lists who may administer oaths and affirmations in California legal proceedings, including courts, judges, clerks, justices, notaries public, and other officers authorized to take testimony or decide evidence, and extends that power to certified shorthand reporters acting as deposition officers and, through a certification process run by the Commission on Judicial Performance, to certain retired judges and justices.
Full Text of § 2093
(b) (1) A shorthand reporter certified pursuant to Article 3 (commencing with Section 8020) of Chapter 13 of Division 3 of the Business and Professions Code has the power to administer oaths and affirmations and may perform the duties of the deposition officer pursuant to Chapter 9 (commencing with Section 2025.010) of Title 4. The certified shorthand reporter is entitled to receive fees for services rendered during a deposition, including fees for deposition services, as specified in subdivision (c) of Section 8211 of the Government Code.
(c) (1) A former judge or justice of a court of record in the state who retired or resigned from office may administer oaths and affirmations, if the former judge or justice requests and receives a certification from the Commission on Judicial Performance pursuant to paragraph (2).
(2) The Commission on Judicial Performance shall issue a certification enabling a former judge or justice to administer oaths and affirmations if the following conditions are satisfied:
(A) The former judge or justice was not removed from office; was not censured and barred from receiving an assignment, appointment, or reference of work from any California state court; did not retire or resign from office with an agreement with the commission that the former judge or justice would not receive an assignment, appointment or reference of work from any California state court; and, at the time of the former judge or justice's retirement, resignation, or request for certification, a formal disciplinary proceeding was not pending or was resolved on the merits in the judge or justice's favor after his or her retirement or resignation and before the request for certification.
WESTLAW © 2026 Thomson Reuters. No claim to original U.S. Government Works. 1 § 2093. Persons authorized to administer oaths and affirmations, CA CIV PRO § 2093
(B) A medical certification provided to the commission by the former judge or justice pursuant to paragraph (3) establishes one of the following:
(i) The former judge or justice does not have a medical condition that would impair his or her ability to administer oaths or affirmations.
(ii) The former judge or justice has a medical condition that may impair his or her ability to administer oaths and affirmations, but the condition does not impair his or her ability at the present time.
(3) The Commission on Judicial Performance may require an applicant to obtain a medical certification in order to receive or renew a certification to administer oaths and affirmations if, at the time of resignation or retirement, there is evidence in a disability application file or in a disciplinary investigation file of possible cognitive impairment affecting the judge or justice, or if the former judge or justice previously received a two-year certification to administer oaths and affirmations from the commission. The commission shall supply the required forms to an applicant upon request.
(4) If an applicant's medical certification indicates that the applicant has a medical condition that may impair his or her ability to administer oaths and affirmations, but the condition does not impair his or her ability at the time the medical certification is submitted with the application, the Commission on Judicial Performance shall issue a certification to administer oaths and affirmations pursuant to paragraph (2), but the certification is only valid for a period of two years from the date of issuance.
(5) Notwithstanding paragraph (1), a former judge or justice of a court of record who received a certification to administer oaths and affirmations from the Commission on Judicial Performance prior to January 1, 2018, may continue to administer oaths and affirmations until the expiration of the certification, at which time he or she may reapply for certification pursuant to paragraph (2).
(6) The Commission on Judicial Performance may charge a regulatory fee not to exceed fifteen dollars ($15) for each certification application submitted pursuant to this subdivision to cover its costs, including costs to review a medical certification.
(d) A rule or regulation regarding the confidentiality of proceedings of the Commission on Judicial Performance does not prohibit the commission from issuing a certificate as provided for in this section.
(e) The administration of an oath or affirmation pursuant to this section without pay does not violate Section 75060.6 of the Government Code.
Plain-English Summary
This section names who has the legal power to put a witness under oath. The baseline list is broad: a court, a judge or clerk of a court, a justice, a notary public, and any officer or person authorized to take testimony in an action or proceeding, or to decide upon evidence, all have the power to administer oaths and affirmations. A certified shorthand reporter fits into that same authority, and can also perform the duties of a deposition officer, including for depositions taken by telephone or other remote electronic means, with the reporter entitled to certain statutory fees for that work.
The section also opens a narrow door for former judges and justices of a court of record who have retired or resigned. They may administer oaths and affirmations only after requesting and receiving a certification from the Commission on Judicial Performance, which the commission issues on satisfying several conditions: the applicant was not removed from office, was not censured and barred from receiving future court work, did not retire or resign under an agreement to forgo court assignments, and has no unresolved formal disciplinary proceeding pending. The commission can also require a medical certification, issuing a full certification where no impairing condition exists and a certification limited to two years where a condition might impair the applicant’s ability later on, and a pre-2018 certification remains valid until it expires under its own terms. The commission may charge a capped regulatory fee for the application, its confidentiality rules do not block it from issuing the certificate, and administering an oath under this section without pay does not run into a separate Government Code restriction on compensation for retired judicial officers.
Frequently Asked Questions
Who is automatically authorized to administer oaths and affirmations under this section?
A court, a judge or clerk of a court, a justice, a notary public, and any officer or person authorized to take testimony in an action or proceeding or to decide upon evidence.
Can a certified shorthand reporter administer an oath at a deposition?
Yes. A certified shorthand reporter has the power to administer oaths and affirmations and may perform the duties of the deposition officer, including at depositions taken by telephone or other remote electronic means.
Can a retired judge administer an oath?
Only after requesting and receiving a certification from the Commission on Judicial Performance under the conditions this section sets out; retirement alone does not carry the power forward automatically.
What can disqualify a former judge or justice from receiving that certification?
Having been removed from office, having been censured and barred from receiving court assignments, having retired or resigned under an agreement not to receive court work, or having a formal disciplinary proceeding still pending and unresolved.
Does a medical condition automatically disqualify a former judge from certification?
No. A condition that does not currently impair the applicant’s ability still allows certification, though the commission may limit that certification to two years if the condition could impair the applicant later.
Amendment History
(Enacted in 1872. Amended by Stats.1986, c. 1417, § 3; Stats.1986, c. 1418, § 1.3; Stats.1988, c. 1032, § 1; Stats.2001, c. 812 (A.B.223), § 12; Stats.2004, c. 182 (A.B.3081), § 24, operative July 1, 2005; Stats.2015, c. 308 (A.B.1028), § 1, eff. Jan. 1, WESTLAW © 2026 Thomson Reuters. No claim to original U.S. Government Works. 2 § 2093. Persons authorized to administer oaths and affirmations, CA CIV PRO § 2093 2016; Stats.2016, c. 86 (S.B.1171), § 46, eff. Jan. 1, 2017; Stats.2017, c. 82 (A.B.740), § 1, eff. Jan. 1, 2018; Stats.2018, c. 92 (S.B.1289), § 46, eff. Jan. 1, 2019.)
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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