28 USC § 459 - Administration of oaths and acknowledgments

---
identifier: "/us/usc/t28/s459"
source: "usc"
legal_status: "official_legal_evidence"
title: "28 USC § 459 - Administration of oaths and acknowledgments"
title_number: 28
title_name: "JUDICIARY AND JUDICIAL PROCEDURE"
section_number: "459"
section_name: "Administration of oaths and acknowledgments"
chapter_number: 21
chapter_name: "GENERAL PROVISIONS APPLICABLE TO COURTS AND JUDGES"
part_number: "I"
part_name: "ORGANIZATION OF COURTS"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(June 25, 1948, ch. 646, 62 Stat. 908.)"
---


# § 459. Administration of oaths and acknowledgments

Each justice or judge of the United States may administer oaths and affirmations and take acknowledgments.

---

**Source Credit**: (June 25, 1948, ch. 646, 62 Stat. 908.)

### Historical and Revision Notes

Based on title 28, U.S.C., 1940 ed., §§ 264, 385, , U.S.C., 1940 ed., Customs Duties, and , U.S.C., 1940 ed., Internal Revenue Code (, §§ 158, 268, , 1163; , title IV, § 509, ; , ; , title V, § 504(a), (c), ; , title V, § 503, ).

Section consolidates provisions of sections 264 and 385 of title 28, U.S.C., 1940 ed., , U.S.C., 1940 ed., and , U.S.C., 1940 ed., relating to administration of oaths and acknowledgments by judges and courts.

The provision of , U.S.C., 1940 ed., giving to “all courts of the United States” power to impose and administer all necessary oaths is the only part of such section in this title. The remainder is incorporated in section 401 of revised title 18, U.S.C. (H.R. 1600, 80th Cong.), Crimes and Criminal Procedure.

, U.S.C., 1940 ed., related only to the Court of Claims and provision of such section relating to clerks and deputies is incorporated in .

, U.S.C., 1940 ed., related only to the Customs Court.

, U.S.C., 1940 ed., related only to The Tax Court. That portion of such section authorizing certain employees of The Tax Court to administer oaths and acknowledgments is incorporated in . For distribution of other provisions thereof, see Distribution Table.

The revised section clarifies what was apparently a statutory omission in that no provision was made with reference to the Court of Customs and Patent Appeals, the judges of which now will have the same power respecting administering oaths as judges of other courts.

### Senate Revision Amendment

By Senate amendment, all provisions relating to the Tax Court were eliminated, therefore, as finally enacted, , U.S.C., Internal Revenue Code, did not constitute part of the source of this section. However, no change in the text of this section was necessary. See 80th Congress Senate Report No. 1559.