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§ 8009.Oaths; acknowledgments; certification or exemplification

Article 80. Fees · Last amended 1991 · Last verified July 21, 2026

In one sentenceCPLR 8009 sets the fees an authorized officer, such as a notary, can charge for administering an oath, taking an acknowledgment or proof of a written instrument, and certifying or exemplifying a copy of a document.

Full Text of CPLR 8009

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Any authorized officer is entitled, for the services specified, to the following fees: 1. for administering an oath or affirmation, and certifying it when required, except where another fee is specially prescribed by statute, two dollars; 2. for taking and certifying the acknowledgment or proof of the execution of a written instrument, two dollars for one person and two dollars for each additional person, and two dollars for swearing each witness thereto; and 3. for certifying or exemplifying a typewritten or printed copy of any document, paper, book or record in his custody, twenty-five cents for each folio with a minimum of one dollar.

Plain-English Summary

Notaries and other authorized officers perform routine but necessary services in litigation and beyond: swearing witnesses, taking acknowledgments on documents, and certifying copies of records. CPLR 8009 prices each of those services. Administering an oath or affirmation, and certifying it when required, costs two dollars, except where some other statute sets a different specific fee for that particular oath.

Taking and certifying the acknowledgment or proof of execution of a written instrument costs two dollars for the first person and two dollars for each additional person involved, with an added two dollars for swearing each witness to the instrument. That structure means a document acknowledged by several signers, or one requiring witness testimony as to its execution, generates a fee for each person the officer has to deal with rather than a single flat charge.

The third fee covers paperwork rather than in-person services: certifying or exemplifying a typewritten or printed copy of a document, paper, book, or record in the officer's custody costs twenty-five cents per folio, with a floor of one dollar so a short document still generates a minimum charge worth the officer's time.

Frequently Asked Questions

What does CPLR 8009 do?

It sets the fees an authorized officer can charge for administering oaths, taking acknowledgments or proof of execution of written instruments, and certifying or exemplifying copies of documents.

How much does it cost to have an oath administered under CPLR 8009?

Two dollars to administer an oath or affirmation and certify it when required, unless another statute specifically sets a different fee for that particular oath.

What does an acknowledgment of a document cost under CPLR 8009?

Two dollars for the first person acknowledging the instrument, two dollars for each additional person, and an added two dollars for swearing each witness to the instrument's execution.

How much can an officer charge to certify a copy of a document?

Twenty-five cents per folio, with a minimum charge of one dollar regardless of how short the document is.

Who is an authorized officer under CPLR 8009?

The section applies to any authorized officer permitted to perform these services, such as a notary public or another official empowered to administer oaths and take acknowledgments.

Can an officer charge more than these amounts for administering an oath?

Not under this section, except where a different statute specifically prescribes a separate fee for a particular kind of oath, in which case that other fee controls instead.

Advisory Committee Notes

This section is derived from CPA §§ 1562 and 1563. CPA § 357, which specified those before whom an oath or affidavit might have been taken, has been replaced by § 2309, which refers to the Real Property Law provisions regarding the taking of acknowledgments of deeds. While the subdivision of CPA § 1562 is identical with those of § 136 of the Excutive Law, the latter only governs notaries public. CPLR § 2309 and CPA § 357, however, authorize persons in addition to notaries public, such as official examiners of title, official referees and clerks, to administer oaths. The provisions of CPA § 1562 have therefore been retained in the first two subparagraphs of this section. The exception in subparagraph 3 for the counties within the city of New York is required by CPA § 1556. See CPA § 1557-a (III) (u); CPLR § 8026(b)(20).

Amendment History

Add, L 1962, ch 308, § 1; amd, L 1972, ch 734, § 1; L 1972, ch 735, § 1; L 1991, ch 143, § 1, eff July 23, 1991.

Source & verification. Provision text, History, and Advisory Committee Notes are reproduced verbatim from the Consolidated Laws of New York. Last verified July 21, 2026. · Official source
Also known as: notary fee New Yorkacknowledgment fee NYcost to certify a document copyoath administration fee CPLRexemplified copy fee New York