Notary Public Handbook - California Page 42

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CODE OF CIVIL PROCEDURE
CODE OF CIVIL PROCEDURE
§ 12a.
Computation of time; holidays; application of section
(a) If the last day for the performance of any act provided or required by law to be performed
within a specified period of time is a holiday, then that period is hereby extended to and
including the next day which is not a holiday. For purposes of this section, “holiday” means
all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section
12b, all days which by terms of Section 12b are required to be considered as holidays.
* * *
§ 1935. Subscribing witness defined
A subscribing witness is one who sees a writing executed or hears it acknowledged, and at
the request of the party thereupon signs his name as a witness.
§ 2093. Officers authorized to administer oaths or affirmations
(a) Every court, every judge, or clerk of any court, every justice, and every notary public,
and every officer or person authorized to take testimony in any action or proceeding, or to
decide upon evidence, has the power to administer oaths or affirmations.
(b) (1) Every 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 or affirmations and may perform the duties of the deposition officer pursuant
to Section 2025. The certified shorthand reporter shall be 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.
(2) This subdivision shall also apply to depositions taken by telephone or other remote
electronic means as specified in Sections 2017 and 2025.
(c) A former judge or justice of a court of record in this state who retired or resigned from
office, other than a judge or justice who was retired by the Supreme Court for disability, shall
have the power to administer oaths or affirmations, if the former judge or justice requests and
receives a certification from the Commission on Judicial Performance that there was no formal
disciplinary proceeding pending at the time of retirement or resignation. Where no formal
disciplinary proceeding was pending at the time of retirement or resignation, the Commission
on Judicial Performance shall issue the certification.
No law, rule, or regulation regarding the confidentiality of proceedings of the Commission
on Judicial Performance shall be construed to prohibit the Commission on Judicial Performance
from issuing a certificate as provided for in this section.
§ 2094. Oath to witness; form
(a) An oath, affirmation, or declaration in an action or a proceeding, may be administered by
obtaining an affirmative response to one of the following questions:
(1) “Do you solemnly state that the evidence you shall give in this issue (or matter) shall be
the truth, the whole truth, and nothing but the truth, so help you God?”
(2) “Do you solemnly state, under penalty of perjury, that the evidence that you shall give in
this issue (or matter) shall be the truth, the whole truth, and nothing but the truth?”
* * *
ELECTIONS CODE
§ 8080. Fee for verification
No fee or charge shall be made or collected by any officer for verifying any nomination
document or circulator’s affidavit.
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