US Laws, Codes, Statutes & Cases

(1) The following members of the organized militia may administer oaths for the purposes of military administration, including military justice, and affidavits may be taken for those purposes before persons having the general powers of a notary public:

     (a) The state judge advocate and all assistant state judge advocates;

     (b) All law specialists;

     (c) All summary courts-martial;

     (d) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants;

     (e) The military judge, president, trial counsel, and assistant trial counsel for all general and special courts-martial;

     (f) The president and the counsel for the court of any court of inquiry;

     (g) All officers designated to take a deposition;

     (h) All persons detailed to conduct an investigation; and

     (i) All other persons designated by regulations of the governor.

     (2) Officers of the organized militia may not be authorized to administer oaths as provided in this section unless they are on active state service or inactive duty for training in or with those forces under orders of the governor as prescribed in this code.

     (3) The signature without seal of any such person, together with the title of the person's office, is prima facie evidence of the person's authority.

[1989 c 48 § 73; 1963 c 220 § 121.]