(a)  The following members of the state military forces 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:

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

(2)  All law specialists;

(3)  All summary courts-martial;

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

(5)  All commanding officers of the naval militia;

(6)  All legal officers;

(7)  The president, law officer, trial counsel, and assistant trial counsel for all general and special courts-martial;

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

(9)  All officers designated to take a deposition;

(10)  All persons detailed to conduct an investigation; and

(11)  All other persons designated by regulations of the governor.

Terms Used In Rhode Island General Laws 30-13-122

  • 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.
  • Military: refers to any or all of the armed forces;
    (15) "Military court" means a court-martial, a court of inquiry, or a provost court;
    (16) "Officer" means commissioned or warrant officer;
    (17) "Rank" means the order of precedence among members of the state military forces;
    (18) "Shall" is used in an imperative sense;
    (19) "State judge advocate" means the commissioned officer on the staff of the adjutant general responsible for supervising military justice in the state military forces;
    (20) "State military forces" means the national guard of the state, as defined in 32 U. See Rhode Island General Laws 30-13-1
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • seal: shall be construed to include an impression of the seal made with or without the use of wax or wafer on the paper. See Rhode Island General Laws 43-3-15
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(b)  Officers of the state military forces may not be authorized to administer oaths as provided in this section unless they are on active duty in or with those forces under orders of the governor as prescribed in this code.

(c)  The signature without seal of any above-mentioned person, together with the title of that person’s office, is prima facie evidence of his or her authority.

History of Section.
G.L. 1956, § 30-13-122; P.L. 1962, ch. 82, § 1.