An affidavit made under this chapter shall conform to the standards prescribed for an affidavit made pursuant to Section 437c.
§ 995.040.Standards For Affidavits
Title 14. Of Miscellaneous Provisions · Chapter 2. Bonds and Undertakings · Article 1. Preliminary Provisions and Definitions · Enacted 1982 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 995.040 requires any affidavit made under this chapter to meet the same standards prescribed for an affidavit made under § 437c, the statute governing affidavits used on motions for summary judgment.
Full Text of § 995.040
Plain-English Summary
Affidavits show up throughout the Bond and Undertaking Law — supporting a surety's qualifications, an indigency claim under § 995.240, or service under § 995.370. This section holds all of them to one standard: whatever § 437c requires of an affidavit, an affidavit under this chapter has to meet too.
Borrowing the summary-judgment affidavit standard means these affidavits need to be made on personal knowledge, set out facts admissible in evidence, and show the affiant is competent to testify to the matters stated — not just conclusions or hearsay.
Frequently Asked Questions
What standard governs affidavits made under the Bond and Undertaking Law?
The same standard § 437c prescribes for summary judgment affidavits.
Does that mean a bond affidavit needs to be based on personal knowledge?
Yes, the § 437c standard requires personal knowledge, admissible facts, and a showing the affiant is competent to testify to the matters stated.
Amendment History
Added by Stats. 1982, Ch. 998, Sec. 1.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: affidavit standards bond law californiabond affidavit requirements california