Chapter XXI.
Oaths

Oaths in Trials by Courts-Martial--Authority to Administer Oaths

95. OATHS--Oaths in Trials by Courts-Martial.--In this paragraph the word "oath" includes affirmation. Forms of oaths (except of the oath to test competency and of the oath to charges) and other matters relating to oaths in trials by courts-martial are in A.W. 19 and A.W. 114. The form of oath to test competency and the form of oath to charges are shown in the second subparagraph of this paragraph (95) and App. 3, respectively. In case of affirmation the phrase "So help you God "will be omitted.

    The prescribed oaths must be administered in and for each case and to each member, trial judge advocate, assistant trial judge advocate, reporter, and interpreter before he functions in the case as such. The point in the proceedings at which each of the various oaths is usually administered is shown in App. 6. In addition to the prescribed oath there may be such additional ceremony or acts as will make the oath binding on the conscience of the person taking it. While the members and the trial judge advocate and his assistants are being sworn, all persons concerned with the trial and any spectators present will stand. When the reporter, interpreter, or a witness is being sworn, he and the person administering the oath will stand. If either the trial judge advocate or an assistant trial judge advocate is to testify, the oath will be administered by the other or by the president. The trial judge advocate will administer to a challenged member who is to be examined under oath as to his competency the following oath:

    You swear (or affirm) that you will true answer make to questions touching your competency as a member of the court in this case. So help you God.

96. OATHS--Authority to Administer Oaths.--Any officer or clerk of any of the departments lawfully detailed to investigate frauds on or attempts to defraud the Government, or any irregularity or misconduct of any officer or agent of the United States, and any officer of the Army, Navy, Marine Corps, or Coast Guard detailed to conduct an investigation, and the recorder, and if there be none the presiding officer, of any military, naval, or Coast Guard board appointed for

such purpose, shall have authority to administer an oath to any witness attending to testify or depose in the course of such investigation. (R.S. 183, as amended by the acts of February 13, 1911, 36 Stat. 898, and January 28, 1915, 38 Stat. 800.)

Any officer of any component of the Army of the United States on active duty in Federal service commissioned in or assigned or detailed to duty with the Judge Advocate General's Department, any staff judge advocate or acting staff judge advocate, the President of a general or special court-martial, any summary court-martial, the trial judge advocate or any assistant trial judge advocate of a general or special court-martial, the president or the recorder of a court of inquiry or of a military board, any officer designated to take a deposition, any officer detailed to conduct an investigation, and the adjutant, assistant adjutant, or personnel adjutant of any command shall have power to administer oaths for the purposes of the administration of military justice and for other purposes of military administration; and shall also have the general powers of a notary public in the administration of oaths, the execution and acknowledgment of legal instruments, the attestation of documents and all other forms of notarial acts to be executed by persons subject to military law. (A.W. 114.)

A warrant officer serving as assistant adjutant of any command has power to administer oaths for all purposes of military administration. (Sec. 4, act of Aug. 21, 1941, 55 Stat. 653.)

Depositions to be read in evidence before military courts, commissions, courts of inquiry, or military boards, or for other use in military administration may be taken before and authenticated by any officer, military or civil, authorized by the laws of the United States or by the laws of the place where the deposition is taken to administer oaths. (A.W. 26.)

In all cases in which under the laws of the United States oaths are authorized or required to be administered, they may be administered by notaries public duly appointed in any State, district, or Territory of the United States, by clerks and prothonotaries of courts of record of any such State, district, or Territory, by the deputies of such clerks and prothonotaries and by all magistrates authorized by the laws of or pertaining to any such State, district, or Territory to administer oaths. (Act of July 3, 1926 ,44 Stat. 830.)

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