Scope of law about court procedures in other areas of government

Question

Like many US states, Vermont has a separate section of the law, Title 12 "Court Procedures", about the state courts. In it it has a Subchapter 2, Administration of Oaths, which, among other things, allows notaries to administer oaths of office and to "administer oaths in all cases where an oath is required, unless a different provision is expressly made by law".

Would this apply to situations that have little or nothing to do with Vermont courts, such as oaths of office for other branches of government, oaths before testimony when taking a deposition on behalf of a court of a different state, a deposition for a federal court, or an executive branch hearing?

At the moment this isn't important, because the Vermont notary law also authorizes notaries to administer oaths. But there is a draft rule that would remove the ability of notaries to take oaths before testimony, with the intent to rely on the court procedures law to provide this authority.

Update: The draft rule mentioned above has been adopted as an actual rule effective February 26, 2025. It has so many problems I'm not sure it's enforceable at all.

Answer 1

See 12 V.S.A. § 5801:

The forms set out in this chapter shall be the forms of oaths to be administered to officers and persons as hereinafter mentioned.

Then see 12 V.S.A. § 5854:

The Clerk of the Supreme Court, county clerks, justices of the peace, judges and registers of probate, judges and clerks of the Criminal Division of the Superior Court, notaries public and masters appointed by a Superior Court under an order of referee may administer oaths in all cases where an oath is required, unless a different provision is expressly made by law; and a notary public need not affix his or her official seal to a certificate of an oath administered by him or her. ...

Based on this, notaries public are allowed to administer oaths under appointment by a Superior Court, not just because they're notaries.

For Notarial Acts definition see 26 V.S.A. § 5304(10):

(10)(A) “Notarial act” means an act, whether performed with respect to a tangible or an electronic record, that a notary public may perform under the law of this State. The term includes taking an acknowledgment, administering an oath or affirmation, taking a verification on oath or affirmation, attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.

(B) “Notarial act” does not include a corporate officer attesting to another corporate officer’s signature in the ordinary course of the corporation’s business.

(C) Nothing in this chapter shall be construed to require the use of a notary public to witness a signature that is allowed by law to be witnessed by an individual who is not a notary public.

In this definition notaries have authority to administer oaths regardless of special appointment. So if the intention is to remove the oath mentions from 26 V.S.A. § 5304, then it would in fact change the current state in my opinion.