1. (a) The parties may submit affidavits for consideration as evidence.

2. (b) An affidavit shall be signed under penalty of perjury by the person making it. It shall include a statement above the signature similar to the following:

   “I declare under penalty of perjury under the laws of [the jurisdiction where executed] that the foregoing is true and correct, and this affidavit was executed at [insert city, state] on [insert date].”

3. (c) At any time 14 or more days before a hearing or a continued hearing, a party may give the opposing party or parties a copy of any affidavit they plan to introduce as evidence, along with a notice as described in subdivision (d). The opposing party has seven days after receiving the affidavit to request to cross-examine the person who made it.

   1. (1) If a timely cross-examination request is not made, cross-examination of the person who made the affidavit shall be waived. If the affidavit is introduced in evidence, it shall be treated as if the person had testified orally.
   2. (2) If a timely cross-examination request is made but the person who made the affidavit does not testify at the hearing, the affidavit may be introduced, but it shall only be given the same effect as other hearsay evidence.

4. (d) The notice mentioned in subdivision (c) shall be a separate document served along with the affidavit. It shall be titled “Notice of Intent to Use Affidavit in Lieu of Oral Testimony.” The notice shall be similar to the following:

   “The accompanying affidavit of [name of affiant] will be introduced as evidence at the hearing in [title of proceeding]. [Name of affiant] will not be called to testify orally, and you will not be entitled to question them unless you notify [name of proponent or representative] at [address] that you wish to cross-examine the affiant. To be effective, your request must be mailed or delivered to [name of proponent or representative] on or before [a date seven days after the date of mailing or delivering the affidavit to the opposing party].”

Note: Authority cited: Section 11400.20, Government Code; and Sections 14536 and 40502, Public Resources Code. Reference: Section 11400.20, Government Code.

History

1. New section filed 5-12-2026; operative 7-1-2026 (Register 2026, No. 20).