Chapter 44-05 Administration of Oaths

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CHAPTER 44-05 ADMINISTRATION OF OATHS 44-05-01. Officers authorized to administer oaths

The following officers are authorized to administer oaths: 1

Each justice of the supreme court, each judge of the district court, the clerk of the supreme court, and the clerk's deputy

The clerk of the district court, county auditor, recorder, and the deputy of each such officer within that officer's county

Each county commissioner and public administrator within that officer's county

3

4. Notary public anywhere in the state

5

Each city auditor, municipal judge, and township clerk, within that officer's own city or township

Each sheriff and the deputy sheriff within the sheriff's county in the cases prescribed by law

7. Other officers in the cases prescribed by law or by rule of the supreme court

2

6

44-05-02. Person may affirm

A person conscientiously opposed to swearing may affirm and is subject to the penalties of perjury as in case of swearing

44-05-03. Fee for taking acknowledgment and administering an oath

Any officer authorized by law to take and certify acknowledgment of a deed or other instrument is entitled to charge and receive not more than five dollars

44-05-04. Place of filing oath of office

Unless otherwise provided by law, any civil or public officer required by section 44-01-05 or any other provision of law to take an oath of office must file the original oath as follows: 1

2

3

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If a state official or member of a state board, with the secretary of state

If a county official or member of a county board, with the county auditor

If a city official or member of a city board, with the city auditor

If a member of a district or political subdivision that is larger than a county, with the secretary of state

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