Michigan Laws 32.1136 – Officers having power to administer oaths; affidavits; signature and title of office as prima facie evidence of officer’s authority
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(1) The following officers of the state military forces shall have the power to administer oaths for the purposes of military administration, including military justice, and affidavits may be taken for those purposes before the officers:
(a) Each judge advocate of the Michigan national guard and state troops.
Terms Used In Michigan Laws 32.1136
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Judge advocate: means an officer who is designated as a judge advocate by the state judge advocate general. See Michigan Laws 32.1002
- Military: includes each armed force of the United States and each component of the state military establishment. See Michigan Laws 32.1002
- Officer: means a commissioned or warrant officer. See Michigan Laws 32.1002
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- seal: shall be construed to include any of the following:
(a) The impression of the seal on the paper alone. See Michigan Laws 8.3nStaff judge advocate: means the commissioned officer responsible for supervising the administration of military justice within a command. See Michigan Laws 32.1002 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o State military forces: means the national guard of the state, as defined in 32 USC 101(3), and any other military force organized under the laws of the state. See Michigan Laws 32.1002 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) Each summary court-martial officer.
(c) Each adjutant, assistant adjutant, acting adjutant, and personnel adjutant, including each warrant officer acting in that capacity.
(d) Each staff judge advocate and legal officer and acting or assistant judge advocate and legal officer.
(2) The following officers shall have the power to administer oaths necessary in the performance of their duties and affidavits may be taken for those purposes before the officers:
(a) The president, trial counsel, and assistant trial counsel for all general and special courts-martial.
(b) The president and counsel for a court of inquiry.
(c) Each officer designated to take depositions.
(d) Each officer detailed to conduct investigations.
(3) An officer on the retired list shall not be authorized to administer oaths as provided in this section unless the officer is on actual state duty or on active duty in or with the state military forces under orders of the governor.
(4) The signature without seal of a person described in this section, together with the title of office, shall be prima facie evidence of the officer’s authority.