§ 2309 — Oaths and affirmations

New York § 2309

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 23: Subpoenas, Oaths and Affirmations

Text

§ 2309. Oaths and affirmations. (a) Persons authorized to administer.\nUnless otherwise provided, an oath or affirmation may be administered by\nany person authorized to take acknowledgments of deeds by the real\nproperty law. Any person authorized by the laws of this state to receive\nevidence may administer an oath or affirmation for that purpose. An\noath to a juror or jurors may be administered by a clerk of court and\nhis deputies. This section shall not apply to an oath of office.\n (b) Form. An oath or affirmation shall be administered in a form\ncalculated to awaken the conscience and impress the mind of the person\ntaking it in accordance with his religious or ethical beliefs.\n (c) Oaths and affirmations taken without the state. An oath or\naffirmation taken without the state shall be treated as if taken within\nthe state if it is accompanied by such certificate or certificates as\nwould be required to entitle a deed acknowledged without the state to be\nrecorded within the state if made in accordance with the provisions of\nthis section.\n (d) Form of certificate of oath or affirmation administered by officer\nof the armed forces of the United States. The certificate of an oath or\naffirmation administered within or without the state or the United\nStates, by an officer of the armed forces of the United States\nauthorized by the real property law to take acknowledgment of deeds,\nshall state:\n 1. the rank and serial number of the officer before whom the oath or\naffirmation is taken and the command to which he is attached;\n 2. that the person taking the oath or affirmation was, at the time of\ntaking it, a person enlisted or commissioned in or serving in or with\nthe armed forces of the United States or the dependent of such a person,\nor a person attached to or accompanying the armed forces of the United\nStates; and\n 3. the serial number of the person who takes, or whose dependent takes\nthe oath or affirmation, if such person is enlisted or commissioned in\nthe armed forces of the United States. The place where such oath or\naffidavit is taken need not be disclosed.\n