Article 136. Authority to administer oaths and to act as notary.

Terms Used In Massachusetts General Laws ch. 33A sec. 136

  • 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.
  • 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 following persons may administer oaths for the purposes of military administration, including military justice:

(1) judge advocates;

(2) summary courts-martial;

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

(4) commanding officers of the naval militia; and

(5) all other persons designated by regulations of the armed forces of the United States or by law.

(b) The following persons may administer oaths necessary in the performance of their duties:

(1) the president, military judges and trial counsel for all general and special courts-martial;

(2) the president and the counsel for the court of any court of inquiry;

(3) officers designated to take a deposition;

(4) persons detailed to conduct an investigation;

(5) recruiting officers; and

(6) all other persons designated by regulations of the Armed Forces of the United States or by law.

(c) The signature without seal of the person, together with the title of the person’s office, shall be prima facie evidence of the person’s authority.

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