§ 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:

Terms Used In N.Y. Military Law 131.2

  • 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.
  • Organized militia: means the organized militia, the composition of which is stated in section two of this chapter;

    (2) "Officer" means a commissioned officer including a commissioned warrant officer;

    (3) "Superior officer" means an officer superior in rank or command;

    (4) "Enlisted person" means any person who is serving in an enlisted grade in any force of the organized militia;

    (5) "Active state duty" means full time military duty in the active service of the state under an order of the governor issued pursuant to sections six or seven of this chapter and while going to and returning from such duty;

    (6) "Duty status other than active state duty" means any one of the types of duty described in section forty-six of this chapter and while going to and returning from such duty;

    (7) "Military court" means a court-martial, a court of inquiry, a provost court;

    (8) "Military judge" means an official of a general court-martial detailed in accordance with section 130. See N.Y. Military Law 130.1
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(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.

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