Section 40.425

Title V MILITARY AFFAIRS AND POLICE

Chapter 40

Effective - 28 Aug 1984   

  40.425.  Oaths, persons having authority to administer. — 1.  The following members of the state military forces may administer oaths for the purposes of military administration, including military justice:

  (1)  The state judge advocate and all assistant state judge advocates;

  (2)  All summary courts-martial;

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

  (4)  All staff judge advocates and legal officers;

  (5)  All other persons designated by law or regulation.

  2.  The following persons in the state military forces shall have authority to administer oaths necessary in the performance of their duties:

  (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;

  (5)  All other persons designated by law or regulation.

  3.  The signature without seal of any such person, together with the title of his office, is prima facie evidence of his authority.

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(L. 1984 H.B. 1035 § 123)