Sec. 1440.
(1) An oath or affidavit other than an oath taken by a witness or a juror in a trial, or an oath required by law to be taken before a particular officer, may be taken before a justice, judge, or clerk of a court, or before a notary public.
(2) If the person making the oath, affidavit, or an affirmation is serving in or with the armed forces of the United States, or is a civilian employee of the armed forces, or is a dependent of a person serving in or with the armed forces or of a civilian employee thereof, whether serving in or outside of the territorial limits of the United States, such oath or affirmation may be administered by any commissioned officer in active service of the armed forces of the United States.
(3) An instrument sworn or affirmed before a military officer pursuant to this section is not invalid because the instrument fails to state the place where the oath or affirmation was taken. An authentication of a military officer's authority to administer the oath or affirmation is not required, but the officer administering the oath or affirmation shall indorse and attach to the instrument a certificate containing all of the following:
(a) A statement that the affiant or affirmant is known to be, or has satisfactorily proved to the officer that he or she is, a member of the armed forces of the United States or the dependent of a member, or a civilian employee of the armed forces or the dependent of a civilian employee.
(b) A statement that the officer is a commissioned officer in active service with the armed forces.
(c) A statement of the officer's rank, and the command to which he or she is attached.
(4) An instrument sworn or affirmed before a military officer pursuant to this section has the same force and effect as an instrument sworn or affirmed before any officer authorized by law to administer an oath or affirmation.
(5) If an acknowledgment is taken before a military officer, the certificate shall be substantially in the following form:
On this, the _______ day of _______, 19____, before me, _________________________, the undersigned officer, personally appeared ____________________, known to me (or satisfactorily proved) to be serving in or with the armed forces of the United States, or who is known to be or has satisfactorily proved that he or she is the dependent of a member, a civilian employee of the armed forces or the dependent of a civilian employee, and who is the person whose name is subscribed to the foregoing _____________ and made oath that he or she knows the contents of the foregoing, and the foregoing is true to the best of his or her knowledge, except as to matters stated to be of information and belief, and as to those matters ____________ he or she ___________ believes them to be true. I am a commissioned officer of the rank stated below, and I am a member of the armed forces of the United States.
History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1964, Act 1, Eff. Aug. 28, 1964 ;-- Am. 1974, Act 297, Eff. Apr. 1, 1975 ;-- Am. 1990, Act 44, Imd. Eff. Mar. 29, 1990
Structure Michigan Compiled Laws
Chapter 600 - Revised Judicature Act of 1961
Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)
236-1961-14 - Chapter 14 General Provisions (600.1401...600.1494)
Section 600.1401 - Seal Unnecessary on Bonds, Deeds and Contracts.
Section 600.1403 - Nonage as Defense.
Section 600.1404 - Educational Loans; Definitions; Minors, Enforceability.
Section 600.1410 - Legal Impediment to Marriage as Bar to Action.
Section 600.1412 - Eastern Orthodox Faith; Recognition as Major Faith.
Section 600.1414 - Style of Process.
Section 600.1416 - Courts of Record; Seals.
Section 600.1417 - Repealed. 1996, Act 374, Eff. Oct. 1, 1996.
Section 600.1418 - Courts of Record; Discontinuance, Vacancy, New Commission.
Section 600.1420 - Courts; Sittings to Be Public, Exceptions.
Section 600.1422 - Judicial Officers; Fees.
Section 600.1425 - Sunday Court.
Section 600.1430 - Appearance in Court by Attorney or in Person; Exception.
Section 600.1434 - Opposition to Oath; Affirmation.
Section 600.1436 - Witness; Competency as Affected by Religion.
Section 600.1438 - Oath by Mental Incompetent.
Section 600.1442 - Oaths or Affidavits; Court Appointee; Stipulation.
Section 600.1450 - Judicial Meetings; Court Administration.
Section 600.1451 - Judicial Meetings; Presiding Officer, Secretary.
Section 600.1452 - Judicial Meetings; Expenses of Attendance, Payment.
Section 600.1455 - Courts of Record; Powers.
Section 600.1461 - Newspaper; Definition; Publication of Notices.
Section 600.1475 - Collection on Judgment; Restitution on Reversal; Interest.
Section 600.1482 - Medical Malpractice Claim; Applicable Provisions; Definitions.
Section 600.1485 - Indigent Civil Legal Assistance.
Section 600.1486 - Hiring Member of Immediate Family as Court Employee or Process Server.
Section 600.1487 - Contract for Good or Service.
Section 600.1487[1] - Repealed. 2006, Act 225, Imd. Eff. June 26, 2006.
Section 600.1492 - Court Reporter, Court Recorder, Stenomask Reporter; Duties.
Section 600.1493 - Enforcement of MCL 600.1490, 600.1491, and 600.1492; Violation.
Section 600.1494 - Applicability of MCL 600.1490 to 600.1493; Exception.