{"jurisdiction": "us-ny", "code": "cplr", "section": "2309", "citation": "CPLR § 2309", "heading": "Oaths and affirmations", "text": ["§ 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."], "official_source": "https://www.nysenate.gov/legislation/laws/CVP/2309", "from_official_api": true, "plain_english": "- **(a) Who may administer.** Unless otherwise provided, an oath/affirmation may be administered by **anyone authorized to take acknowledgments of deeds** under the Real Property Law, and by anyone authorized to receive evidence. ★ **An oath to a juror or jurors may be administered by a clerk of court and his deputies.** This section **doesn't apply to an oath of office.**\n- **(b) Form.** Administered in a form **calculated to awaken the conscience and impress the mind** per the person's religious/ethical beliefs.\n- **(c) Taken outside the state.** An out-of-state oath is treated as if taken in-state **if accompanied by the certificate(s)** that would let an out-of-state-acknowledged deed be recorded here.\n- **(d) Armed-forces officer.** The certificate of an oath administered by an authorized **U.S. armed forces officer** must state the officer's **rank/serial number/command**, that the person taking the oath was a service member (or dependent/attached person), and that person's serial number (if enlisted/commissioned). The **place** need not be disclosed.\n\n---\n\n**★ Exam hits:**\n- **Two kinds:** subpoena = **testimony**; subpoena **duces tecum** = **documents/things** (§ 2301).\n- ★ **The clerk issues subpoenas WITHOUT a court order** (so do the AG, attorney of record, arbitrator, referee, board member) — but a **clinical/mental-hygiene record** subpoena **needs a court order**; **jail/prisoner attendance and original-record** subpoenas are **court-issued** (§ 2302).\n- **Served like a summons**; witness gets **traveling expenses + one day's fee in advance** (§ 2303). A **trial subpoena on a party** may be served on the **attorney of record** (§ 2303-a).\n- **Hospital/medical records: serve at least 3 days before**; may be delivered to a **designated clerk** in a sealed envelope (§ 2306). **Library/government records: court-issued, serve at least 24 hours before** (§ 2307).\n- **Disobedience penalties: up to $150 (judicial), up to $50 (non-judicial/child support)**; contempt, striking pleadings, sheriff's warrant, jail commitment (§ 2308).\n- **Committed offender reviewed within 90 days and every 90 days thereafter**; the **clerk gives written notice** of each review (§ 2308(c)).\n- **A clerk (and deputies) may administer the oath to jurors** (§ 2309); the section does **not** cover an oath of office.\n\n\n---\n*Verbatim statute:* [[CPLR - Article 23]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/2309", "publisher": "Elyphived LLC"}