Va. Code » Title 49. Oaths, Affirmations and Bonds » Chapter 1. Oaths and Affirmations
Virginia Code

Va. Code Ann. § 49-4 (2026)

Magistrates and other officers who may administer oaths and take affidavits

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Any oath or affidavit required by law, which is not of such nature that it must be made in court, may be administered by a magistrate, a notary, a commissioner in chancery, a commissioner appointed by the Governor, a judge or clerk or deputy clerk of a court, a commissioner or clerk or deputy clerk of the State Corporation Commission, or clerks of governing bodies of local governments. In case of a survey directed by a court in a cause therein pending, an oath or affidavit may be administered by or before the surveyor directed to execute the order of survey.

Code 1919, § 274; 1932, p. 339; 1968, c. 639; 1970, c. 783; 1986, c. 255.

Notes of Decisions
Cited in 108 cases (85 in the last 5 years), 1970–2026 · leading case: Jonathan R. v. Jim Just., 41 F.4th 316 (4th Cir. 2022).
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Jonathan R. v. Jim Just., 41 F.4th 316 (4th Cir. 2022). “Va. Code Ann. §§ 49-4 - 110(a), 49-4-404(a), 49-4-604(a)(2), 49-4-714(b).”
Evans v. Commonwealth, 572 S.E.2d 481 (Va. Ct. App. 2002). · cites it 2× “Furthermore, the record indicates that Nelson’s three-page affidavit was proffered as an exhibit, was sworn, and contains a detailed narrative of his meeting with the juror, which contradicts parts of the statement the juror gave the detective.”
Manley v. Commonwealth, 176 S.E.2d 309 (Va. 1970). · cites it 2× “, provides in part that no search warrant may issue until there is filed with the officer authorized to issue the warrant an affidavit reasonably describing the house or place to be searched and also alleging material facts constituting probable cause for the issuance of the…”
Mendez v. Commonwealth, 255 S.E.2d 533 (Va. 1979). · cites it 2× “In this instance that authority springs from Code § 49-4 which, in pertinent part, provides: “Any oath or affidavit required by law, which is not of such nature that it must be made in court, may be administered by or made before .”
In Re: S.H., 789 S.E.2d 163 (W. Va. 2016). “Va. Code § 49-4~601(h) (¿015). Accord In re A.”
Lawyers Title Ins. v. Pitt (In Re Pitt), 121 B.R. 493 (Bankr. E.D. Va. 1990). · cites it 2× “Too, Paula Kaplinger of Lawyers Title testified, “LTIC was aware the dates (on the affidavits) were filled in after the closing signing.” To allow this system to prevail makes of affidavits a known lie and defeats in the Commonwealth of Virginia the sanctity of affidavits.”
In re A.H. & G.H., No. 23-669 (W. Va. May 14, 2025). · cites it 3× “Va. Code § 49-4 -601a (2020). 2 previously convicted of attempted malicious wounding of a minor.”
Christopher E. Cottrell v. Commonwealth of Virginia, No. 0795132 (Va. Ct. App. Apr. 29, 2014). · cites it 5× “He argued that because the evidence did not 4 Code § 49-4 provides, in pertinent part, Any oath or affidavit required by law, which is not of such nature that it must be made in court, may be administered by a magistrate, a notary, a commissioner in chancery, a commissioner…”
State of West Virginia ex rel. P.G.-1, P.G.-2, & K.G., Jr. v. The Honorable Ronald E. Wilson, Judge of the Circuit Court of Hancock Cnty., 878 S.E.2d 730 (W. Va. 2021). “Va. Code § 49-4 - 604(c)(6)(C) (eff. 2020) (“Notwithstanding any other provision of this article, the court shall give consideration to the wishes of a child 14 years of age or older or otherwise of an age of discretion as determined by the court regarding the permanent…”
In Re: B.M. & A.M., No. 17-0114 (W. Va. June 19, 2017). · cites it 2× “Va. Code § 49-4­ 604(b)(6)] on the record or in the order, the order is inadequate.”
In re L v. & A.V., No. 20-0568 (W. Va. Feb. 2, 2021). · cites it 2× “Va. Code § 49-4 - 610(e)(1). As noted above, petitioner filed a notice related to the June 17, 2019, adjudicatory hearing on June 10, 2019.”
In re H.P & N.P., No. 20-0987 (W. Va. Aug. 27, 2021). · cites it 2× “Va. Code § 49-4 - 610(4). As set forth above, petitioner put forth no evidence in support of his motion for an improvement period at the dispositional hearing.”
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