Montana Code Annotated

Mont. Code Ann. § 10-1-202 (2026)

Oath Of Office

✓ current as of May 2026
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TITLE 10. MILITARY AFFAIRS AND DISASTER AND EMERGENCY SERVICES

CHAPTER 1. MILITIA

Part 2. Officers of Militia

Oath Of Office

10-1-202. Oath of office. (1) Except when a comparable oath is subscribed to under federal law or regulation, every officer shall take and subscribe to the following oath of office:

"I, ...., do solemnly swear that I will support and defend the constitution of the United States and the constitution of the state of Montana against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; and that I will obey the orders of the president of the United States and the governor of the state of Montana; that I make this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office of .... in the .... upon which I am about to enter, so help me God."

(2) If an officer refuses or neglects to take the oath, the officer is considered to have resigned the office and a new appointment must be made.

History: En. 77-1702 by Sec. 32, Ch. 94, L. 1974; R.C.M. 1947, 77-1702; amd. Sec. 2, Ch. 56, L. 2009.

Notes of Decisions
Cited in 2 cases, 1982–2019 · leading case: Marriage of Laster v. Laster, 643 P.2d 597 (Mont. 1982).
Marriage of Laster v. Laster, 643 P.2d 597 (Mont. 1982). · cites it 3× “As has been noted many times by this Court, and most recently in Martens: “Although the District Court may equally divide the marital assets, such a distribution is not mandated by section 10-1-202, MCA ... Section 40-4-202 is flexible and it vests a good deal of discretion in…”
James Farmer v. State of Florida, 268 So. 3d 1009 (Fla. 1st DCA 2019). “090 (2018); Mont. Code Ann. § 10-1-202 (2018); Neb. Rev.”
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