SECTIONS 2093-2094 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 2093-2094

2093. (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 Chapter 9 (commencing with Section 2025.010) of Title 4.
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 Chapter 2
(commencing with Section 2017.010), Chapter 3 (commencing with
Section 2017.710), and Chapter 9 (commencing with Section 2025.010)
of Title 4.
(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. (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 "
(b) In the alternative to the forms prescribed in subdivision (a),
the court may administer an oath, affirmation, or declaration in an
action or a proceeding in a manner that is calculated to awaken the
person's conscience and impress the person's mind with the duty to
tell the truth. The court shall satisfy itself that the person
testifying understands that his or her testimony is being given under
penalty of perjury.