2012 New York Consolidated Laws
CVP - Civil Practice Law & Rules
Article 23 - (2301 - 2309) SUBPOENAS, OATHS AND AFFIRMATIONS
2309 - Oaths and affirmations.


NY CPLR § 2309 (2012) What's This?
 
    §  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 such deed had been acknowledged before  the
  officer who administered the oath or affirmation.
    (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.

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