Georgia Commons

Official Code of Georgia Annotated

Title 38. MILITARY, EMERGENCY MANAGEMENT, AND VETERANS AFFAIRS · Chapter 2. MILITARY AFFAIRS · Article 5. CODE OF MILITARY JUSTICE · Part 11. MISCELLANEOUS PROVISIONS

38-2-1136. Authority to administer oaths; limitations; effect of signature.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    The following persons shall have the power to administer oaths for the purposes of military administration, including military justice:#

    1. (1)

      All judge advocates;#

    2. (2)

      All summary courts-martial;#

    3. (3)

      All adjutants, assistant adjutants, acting adjutants, and personnel adjutants;#

    4. (4)

      All commanding officers of the naval militia; and#

    5. (5)

      All other persons designated by regulations of the armed forces of the United States or by law.#

  2. (b)

    The following persons shall have the power to administer oaths necessary in the performance of their duties:#

    1. (1)

      The president, military judge, and trial counsel for all general and special courts-martial;#

    2. (2)

      The president and the counsel for the court of any court of inquiry;#

    3. (3)

      All officers designated to take a deposition;#

    4. (4)

      All persons detailed to conduct an investigation;#

    5. (5)

      All recruiting officers; and#

    6. (6)

      All other persons designated by regulations of the armed forces of the United States or by law.#

  3. (c)

    The signature without seal of any such person provided for by subsections (a) and (b) of this Code section, together with the title of his or her office, is prima facie evidence of the person’s authority.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 38-2-1136, enacted by Ga. L. 2015, p. 753, § 1/HB 98.

Other notes

U.S. Code.
For similar provision in Uniform Code of Military Justice, see 10 U.S.C. § 936.

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t37-t39-(v28)-2021-pdf.pdf, Volume V28, 2021 edition, pages 519 to 520; merge action: carried; file SHA-256 4eed692485f5.

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