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Legal Terms & Definitions

Under Penal Law §210.00, an "attesting officer" means:

A

A county clerk who files certificates of official character

B

Any notary public or other person authorized to administer oaths in connection with affidavits, depositions, and subscribed writings and to certify appearance and swearing

C

Only a judge of a court of record

D

Only a military officer stationed outside the state

Correct Answer

B. Any notary public or other person authorized to administer oaths in connection with affidavits, depositions, and subscribed writings and to certify appearance and swearing

AI Explanation

The attesting-officer definition is broader than judges and clerks. Penal Law §210.00(6) defines an attesting officer as any notary public or other person authorized by law to administer oaths for affidavits, depositions, and other subscribed written instruments and to certify that the subscriber appeared and swore to the contents. For contrast, a jurat is the clause the attesting officer completes, not the officer himself.

Legal Terms & Definitions Question #271
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