Michigan § 600.1438 - Oath by mental incompetent.

Full text of Michigan Michigan Compiled Laws § 600.1438 — Oath by mental incompetent., with citation guidance and answers to common questions.

§ 600.1438. Oath by mental incompetent.

Sec. 1438.(1)

Whenever any pleading is required to be verified by the party, or accompanied by the affidavit of the party, or whenever any other oath is required in order that the party may sue or be sued, and the party is, or is alleged to be, mentally incompetent, such incompetency shall not bar the administration of the oath or affirmation for the purpose of allowing the incompetent party to sue or be sued.

(2)

Instead of, or in addition to, the verification or affidavit by the party, the guardian, guardian ad litem, or next friend may make the verification or affidavit, and may do so on information and belief.

(3)

This section does not affect the competency of the witness to testify, nor does it affect the civil or criminal liability of the party for his statements under oath.

Source: official Michigan text · Last verified 2026-08-27

Frequently Asked Questions About Michigan § 600.1438

What does Michigan Compiled Laws § 600.1438 cover?

Section 600.1438 ("Oath by mental incompetent.") is part of the Michigan Compiled Laws, the codified statutory law of Michigan. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Michigan § 600.1438?

A common citation format is "Michigan Compiled Laws § 600.1438" (Michigan). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Michigan law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Michigan official source linked on this page or consult a licensed Michigan attorney.

How does Michigan § 600.1438 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Michigan can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Michigan.