(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:

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Terms Used In Washington Code 38.38.844

  • 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.
  • Judge advocate: means an officer of the army or air national guard designated as a judge advocate by the judge advocate general of the army or the judge advocate general of the air force. See Washington Code 38.38.004
  • Military: refers to any or all of the armed forces. See Washington Code 38.38.004
  • Military judge: means the presiding officer of a general or special court-martial detailed in accordance with RCW 38. See Washington Code 38.38.004
  • militia: shall mean the military forces provided for in the Constitution and laws of the state of Washington. See Washington Code 38.04.010
  • Organized militia: means the national guard of the state, as defined in section 101(3) of Title 32, United States Code, and any other military force organized under the laws of the state of Washington. See Washington Code 38.38.004
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(a) The state judge advocate and all assistant state judge advocates;
(b) All law specialists or paralegals;
(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 commanding officers of units of the organized militia;
(i) All officers of the organized militia designated as recruiting officers;
(j) All persons detailed to conduct an investigation; and
(k) All other persons designated by regulations of the adjutant general.
(2) 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.