The secretary of state, county clerks, court clerks and all notarial officers are hereby authorized and empowered to administer oaths and affirmations within the state. History: Laws 1882, ch. 28, § 1; C.L. 1884, § 1742; C.L. 1897, § 2558; Code 1915, § 3932; Laws 1929, ch. 78, § 1; C.S. 1929, § 94-109; 1941 Comp., § 46-103; 1953 Comp., § 43-1-3; Laws 1977, ch. 98, § 1; 1978 Comp. § 14-13-3; 2023, ch. 110, § 1. ANNOTATIONSCross references. — For notarial acts in this state, see 14-14-3 NMSA 1978. For administering of oaths by chairman of board of county commissioners, see 4-38-11 NMSA 1978. The 2023 amendment, effective June 16, 2023, updated language related to those empowered with the authority to administer oaths and affirmations; after 'county clerks', added 'court', after the next occurrence of 'clerks', deleted 'of probate courts, clerks of district courts, clerks of magistrate courts if the magistrate court has a seal, and all duly commissioned and acting notaries public' and added 'and all notarial officers', after 'oaths and affirmations', deleted 'in all cases where magistrates and other officers', and after 'within the state', deleted 'authorized to administer oaths may ded 'and all notarial officers', after 'oaths and affirmations', deleted 'in all cases where magistrates and other officers', and after 'within the state', deleted 'authorized to administer oaths may do so, under existing laws, and with like effect'. Section authorizes verification of information for murder before a notary public. State v. Parker, 1930-NMSC-004, 34 N.M. 486, 285 P. 490. Section authorizes verification of affidavit in attachment. — This section includes verification by notary of affidavit in proceeding by attachment made by plaintiff's agent. Robinson v. Hesser, 1887-NMSC-023, 4 N.M. (Gild.) 282, 13 P. 204. Administration of oath of office. — State judges have the authority to administer an oath of office to an elected official. 2009 Op. Att'y Gen. No. 09-03. Administration over telephone. — Generally, a court reporter may not administer oaths over the telephone. Rule 1-030B(7) does not change the general rule, and the court reporter must administer the oath and take the deposition in the witness' presence. 1988 Op. Att'y Gen. No. 88-81. Law reviews. — For article, 'Attachment in New Mexico - Part I,' see 1 Nat. Resources J. 303 (1961). Am. Jur. 2d, A.L.R. d take the deposition in the witness' presence. 1988 Op. Att'y Gen. No. 88-81. Law reviews. — For article, 'Attachment in New Mexico - Part I,' see 1 Nat. Resources J. 303 (1961). Am. Jur. 2d, A.L.R. and C.J.S. references. — Qualification of stockholder of a corporation or member of association to take acknowledgment of, or attest as notary an instrument to which corporation or association is a party, 51 A.L.R. 1529. Joining in instrument as ratification of or estoppel as to prior ineffective instrument affecting real property, 7 A.L.R.2d 294. Relationship of attorney to person taking oath or making acknowledgment, as disqualifying official empowered to administer oaths or take acknowledgments, 21 A.L.R.3d 483. Liability of notary public or his bond for negligence in performance of duties, 44 A.L.R.3d 555. 67 C.J.S. Oaths and Affirmations § 4.
New Mexico Legal Code