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CHAPTER 18-3

ADMINISTRATION OF OATHS

18-3-1      Officers authorized to administer oaths.
18-3-2      Affidavits by persons in military service--Oath administered by commissioned officer.
18-3-3      Form of jurat for affidavit by person in military service.
18-3-4      Persons entitled to use military service provisions.
18-3-5      Affirmation in lieu of oath.
18-3-6      Fee not charged for administration of oath by public officer.


     18-3-1.   Officers authorized to administer oaths. The following officers may administer oaths:
             (1)      Supreme Court justices, circuit judges, magistrates, notaries public, the clerk and deputy clerk of the Supreme Court, and clerks and deputy clerks of the circuit court, within the state, and federal judges, and federal magistrates;
             (2)      Members of the Legislature, while acting as a member of any legislative committee, when examining persons before the legislative committee;
             (3)      The county auditor, the county treasurer, the register of deeds, and the deputy of each, within their respective county;
             (4)      Mayors, town board presidents, municipal finance officers, deputy municipal finance officers, and township clerks, within their respective municipality or township;
             (5)      Sheriffs and deputies if authorized by law to select commissioners or appraisers, or to impanel juries for the view or appraisement of property, or are directed as an official duty to have property appraised, or take the answer of garnishees;
             (6)      Conservation officers for the purposes of taking a written statement pursuant to § 23A-2-1 for any offense of Title 41; and
             (7)      Other officers in cases specifically provided by law.

Source: SDC 1939, § 48.0801; SL 1941, ch 210; SL 1979, ch 149, § 1; SL 1992, ch 60, § 2; SL 1993, ch 167; SL 1996, ch 145; SL 1998, ch 119, § 1; SL 2000, ch 92, § 2.


     18-3-2.   Affidavits by persons in military service--Oath administered by commissioned officer. Any affidavit may be made, by any person in the military service of the United States, in the manner and form now provided by the laws of this state, or as provided in this section and § 18-3-3.
     Any commissioned officer in the military service of the United States may administer an oath or affirmation and take and certify to an affidavit at any place within or without the United States.

Source: SL 1943, ch 150, §§ 2, 3; SDC Supp 1960, § 48.0801-1.


     18-3-3.   Form of jurat for affidavit by person in military service. The jurat of the officer taking the affidavit pursuant to §   18-3-2 shall be substantially as follows:
Subscribed and sworn to before me this ________ day of ________, 19__, by __________ to me well known to be in the military service of the United States, and who stated to me that his home post office address is as follows: __________.
_________________________

Signature of officer

_________________________

Title and unit The jurat of the officer taking the affidavit pursuant to § 18-3-2 shall be
substantially as follows:
     Subscribed and sworn to before me this ____ day of ____, 20__, by ____ to me well known to be in the military service of the United States, and who stated to me that his home post office address is as follows: ____.
__________ Signature of officer

__________ Title and unit

Source: SL 1943, ch 150, § 3; SDC Supp 1960, § 48.0801-1.


     18-3-4.   Persons entitled to use military service provisions. Persons in the military service of the United States, as used in §§ 18-3-2 and 18-3-3 shall include the following persons and no others: all members of the Army, Navy, Air Force, Marine Corps, and Coast Guard, all officers of the Public Health Service detailed for duty with the Army, Navy, or Air Force, and any civilian persons serving with, employed by, or accompanying the armed forces hereinbefore mentioned outside of the United States.

Source: SL 1943, ch 150, § 1; SDC Supp 1960, § 48.0801-1; SL 1963, ch 290.


     18-3-5.   Affirmation in lieu of oath. Persons conscientiously opposed to swearing may affirm, and shall be subject to the penalties of perjury as in case of swearing.

Source: SL 1867-8, ch 23, § 3; PolC 1877, ch 20, § 2; CL 1887, § 488; RPolC 1903, § 727; RC 1919, § 5252; SDC 1939, § 48.0803.


     18-3-6.   Fee not charged for administration of oath by public officer. No fee for the administering of oaths shall be charged or taxed as costs against any person by any official authorized to administer oaths when the oath so administered is in connection with some official duty of said officer essential to the administration of his office.

Source: SL 1929, ch 205; SDC 1939, § 48.0802.


Back to Title 18

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