Legislation
SECTION 2309
Oaths and affirmations
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 23
§ 2309. Oaths and affirmations. (a) Persons authorized to administer.
Unless otherwise provided, an oath or affirmation may be administered by
any person authorized to take acknowledgments of deeds by the real
property law. Any person authorized by the laws of this state to receive
evidence may administer an oath or affirmation for that purpose. An
oath to a juror or jurors may be administered by a clerk of court and
his deputies. This section shall not apply to an oath of office.
(b) Form. An oath or affirmation shall be administered in a form
calculated to awaken the conscience and impress the mind of the person
taking it in accordance with his religious or ethical beliefs.
(c) Oaths and affirmations taken without the state. An oath or
affirmation taken without the state shall be treated as if taken within
the state if it is accompanied by such certificate or certificates as
would be required to entitle a deed acknowledged without the state to be
recorded within the state if made in accordance with the provisions of
this section.
(d) Form of certificate of oath or affirmation administered by officer
of the armed forces of the United States. The certificate of an oath or
affirmation administered within or without the state or the United
States, by an officer of the armed forces of the United States
authorized by the real property law to take acknowledgment of deeds,
shall state:
1. the rank and serial number of the officer before whom the oath or
affirmation is taken and the command to which he is attached;
2. that the person taking the oath or affirmation was, at the time of
taking it, a person enlisted or commissioned in or serving in or with
the armed forces of the United States or the dependent of such a person,
or a person attached to or accompanying the armed forces of the United
States; and
3. the serial number of the person who takes, or whose dependent takes
the oath or affirmation, if such person is enlisted or commissioned in
the armed forces of the United States. The place where such oath or
affidavit is taken need not be disclosed.
Unless otherwise provided, an oath or affirmation may be administered by
any person authorized to take acknowledgments of deeds by the real
property law. Any person authorized by the laws of this state to receive
evidence may administer an oath or affirmation for that purpose. An
oath to a juror or jurors may be administered by a clerk of court and
his deputies. This section shall not apply to an oath of office.
(b) Form. An oath or affirmation shall be administered in a form
calculated to awaken the conscience and impress the mind of the person
taking it in accordance with his religious or ethical beliefs.
(c) Oaths and affirmations taken without the state. An oath or
affirmation taken without the state shall be treated as if taken within
the state if it is accompanied by such certificate or certificates as
would be required to entitle a deed acknowledged without the state to be
recorded within the state if made in accordance with the provisions of
this section.
(d) Form of certificate of oath or affirmation administered by officer
of the armed forces of the United States. The certificate of an oath or
affirmation administered within or without the state or the United
States, by an officer of the armed forces of the United States
authorized by the real property law to take acknowledgment of deeds,
shall state:
1. the rank and serial number of the officer before whom the oath or
affirmation is taken and the command to which he is attached;
2. that the person taking the oath or affirmation was, at the time of
taking it, a person enlisted or commissioned in or serving in or with
the armed forces of the United States or the dependent of such a person,
or a person attached to or accompanying the armed forces of the United
States; and
3. the serial number of the person who takes, or whose dependent takes
the oath or affirmation, if such person is enlisted or commissioned in
the armed forces of the United States. The place where such oath or
affidavit is taken need not be disclosed.