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This entry was published on 2014-09-22
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SECTION 131.2
Authority to administer oaths
Military (MIL) CHAPTER 36, ARTICLE 7, PART 11
§ 131.2. Authority to administer oaths. (a) The following officers of
the organized militia shall have power to administer oaths for the
purposes of military administration, including military justice, and
affidavits may be taken for such purposes before such officers:

(1) All judge advocates of the organized militia;

(2) All directors, deputy directors and chiefs of administrative
services and administrative officers;

(3) All summary courts-martial;

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

(5) All commanding officers of the New York naval militia;

(6) All staff judge advocates and legal officers and acting or
assistant staff judge advocates and legal officers; and

(7) All other persons designated by regulations issued pursuant to
this chapter.

(b) The following officers of the organized militia shall have power
to administer oaths necessary in the performance of their duties, and
affidavits may be taken for such purposes before such officers:

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

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

(3) All officers designated to take a deposition;

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

(5) All other persons designated by regulations issued pursuant to
this chapter.

(c) Officers on the state reserve list and state retired list shall
not be authorized to administer oaths as provided in this section unless
they are on active duty in or with the organized militia under orders of
the governor as prescribed in this chapter.

(d) As used in this section the term "officer" shall mean a
commissioned officer, commissioned warrant officer or warrant officer.

(e) The signature without seal of any such person, together with the
title of his office, shall be prima facie evidence of his authority.