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New York · Through 2026-09-11

N.Y. Military Law § 131.2: Authority to administer oaths

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Where this section sits in the code
  1. Military Law
  2. Article 7. Code of Military Justice
  3. Part 11. Miscellaneous Provisions

§ 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.

Collected 2026-09-14T19:32:45Z. Source file · JSON

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