Colorado § 24-12-103 - Who may administer oaths or affirmations.

§ 24-12-103. Who may administer oaths or affirmations.

(1) All courts in this state and each judge, justice, magistrate, referee, clerk, and deputy clerk; court reporters who hold the registered professional reporter, certified verbatim reporter, or certified verbatim reporter - stenotype certification or higher; members and referees of the division of labor standards and statistics; members of the public utilities commission; and notaries public have power to administer oaths or affirmations to witnesses and others concerning a matter, thing, process, or proceeding pending, commenced, or to be commenced before them.

(2) The courts, judges, magistrates, referees, clerks, and deputy clerks within their respective districts or counties; court reporters who hold the registered professional reporter, certified verbatim reporter, or certified verbatim reporter - stenotype certification or higher; a person designated by the governing body, or an officer of the body; and notaries public within a county of this state have the power to administer all oaths or affirmations of office and other oaths or affirmations required to be taken by a person upon a lawful occasion and to take affidavits and depositions concerning a matter or thing, process, or proceeding pending, commenced, or to be commenced in a court or on an occasion an affidavit or a deposition is authorized or by law required to be taken.

Source: R.S. p. 482, § 3. G.L. § 1927. G.S. § 2473. R.S. 08: § 4671. C.L. § 7960. CSA: C. 115, § 3. L. 45: p. 495, § 1. CRS 53: § 98-1-3. C.R.S. 1963: § 98-1-3. L. 64: p. 293, § 235. L. 65: p. 893, § 1. L. 91: Entire section amended, p. 365, § 38, effective April 9. L. 2016: Entire section amended, (HB 16-1323), ch. 131, p. 380, § 17, effective August 10. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 692, § 4, effective August 8. L. 2022: Entire section amended, (SB 22-020), ch. 57, p. 263, § 1, effective March 30. L. 2025: Entire section amended, (HB 25-1301), ch. 306, p. 1604, § 1, effective May 30.

Cross references: (1) For the authority of county clerks to administer oaths, see § 30-10-416; for the power of the public utilities commission to administer oaths, see § 40-6-103 (1).

(2) For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018.

ANNOTATION

There is no affidavit unless an authorized official administers the oath. Zimmerman v. Indus. Comm'n, 108 Colo. 552, 120 P.2d 636 (1941).

Those officials empowered to administer oaths are enumerated in this section. Zimmerman v. Indus. Comm'n, 108 Colo. 552, 120 P.2d 636 (1941).

However, the secretary of the industrial commission is not mentioned therein, and there is no specific statutory provision investing this officer with such power. Zimmerman v. Indus. Comm'n, 108 Colo. 552, 120 P.2d 636 (1941) (decided prior to the abolition of the industrial commission in 1986).

Function of notary public is to take affidavits and depositions. Affidavits and depositions, when made, are legal papers, and the taking of them has been recognized as the function of a notary public from the earliest times. People ex rel. Attorney Gen. v. Wicks, 101 Colo. 397, 74 P.2d 665 (1937).

Thus, notary public authorized to administer oath to surety on bail bond. The affidavit of a surety on a bail bond as to his ownership of property, or other qualifications as a surety, is one "authorized or by law required to be taken", within the meaning of this section, and under this section a notary public has the authority to administer the oath. People v. Pollock, 65 Colo. 275, 176 P. 329 (1918).