Minnesota Statutes 192A.615 – Authority to Administer Oaths
Subdivision 1.Authorized persons.
The following members of the state military forces 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:
Terms Used In Minnesota Statutes 192A.615
- Code: means this chapter;
(4) "Commanding officer" means a commissioned officer who is in command of any unit;
(5) "Commissioned officer" includes a commissioned warrant officer;
(6) "Convening authority" includes, in addition to the person who convened the court, a commissioned officer commanding or temporarily commanding, or a successor in command;
(7) "Enlisted member" means a person in an enlisted grade;
(8) "Federal active service" has the meaning given in section 190. See Minnesota Statutes 192A.015
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- 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.
- Military: refers to any or all of the armed forces of the United States or any state;
(13) "Military court" means a court-martial, a court of inquiry;
(14) "Officer" means commissioned or warrant officer;
(15) "Rank" means the order of precedence among members of the state military forces;
(16) "Shall" is used in a mandatory sense;
(17) "State judge advocate" means the commissioned officer responsible for supervising the administration of the military justice in the state military forces and appointed pursuant to section 192A. See Minnesota Statutes 192A.015
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- seal: includes an impression thereof upon the paper alone, as well as an impression on a wafer, wax, or other substance thereto attached. See Minnesota Statutes 645.44
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
- State military forces: means the National Guard of the state, as defined in United States Code, title 32, § 101(3) and any other military force organized under the laws of the state;
(19) "Superior commissioned officer" means a commissioned officer superior in rank and command. See Minnesota Statutes 192A.015
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) the state judge advocate and all assistant state judge advocates;
(2) staff judge advocates and acting or assistant staff judge advocates;
(3) all adjutants, assistant adjutants, acting adjutants, and personnel adjutants;
(4) the president, military judge, trial counsel, and assistant trial counsel for all general, special, and summary courts-martial;
(5) the president and the counsel for the court of any court of inquiry;
(6) all officers designated to take a deposition;
(7) all persons detailed to conduct an investigation; and
(8) all other persons designated by rules of the governor.
Subd. 2.On-duty requirement.
Officers of the state military forces may not be authorized to administer oaths as provided in this section unless they are on duty in or with those forces as prescribed in this code.
Subd. 3.Prima facie evidence.
The signature without seal of any such person together with the title of the person’s office, is prima facie evidence of the authority to administer oaths.