Wis. Stat. » CHAPTER 887 — DEPOSITIONS, OATHS AND AFFIDAVITS
Wisconsin Statutes

Wis. Stat. § 887.01 (2026)

Oaths, who may administer

✓ current as of July 2026
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887.01887.01 Oaths, who may administer.
887.01(1)(1) Within the state. An oath or affidavit required or authorized by law, except oaths to jurors and witnesses on a trial and such other oaths as are required by law to be taken before particular officers, may be taken before any judge, court commissioner, resident U.S. commissioner who has complied with ch. 140, clerk, deputy clerk or calendar clerk of a court of record, court reporter, notary public, town clerk, village clerk, city clerk, municipal judge, county clerk or the clerk’s deputy within the territory in which the officer is authorized to act, school district clerk with respect to any oath required by the elections laws; and, when certified by the officer to have been taken before him or her, may be read and used in any court and before any officer, board or commission. Oaths may be administered by any person mentioned in s. 885.01 (3) and (4) to any witness examined before him or her.
887.01(2)(2) Without the state. Any oath or affidavit required or authorized by law may be taken in any other state, territory or district of the United States before any judge or commissioner of a court of record, master in chancery, notary public, justice of the peace or other officer authorized by the laws thereof to administer oaths, and if the oath or affidavit is properly certified by any such officer to have been taken before the officer, and has attached thereto a certificate of the clerk of a court of record of the county or district within which the oath or affidavit was taken, under the seal of his or her office, that the person whose name is subscribed to the certificate of due execution of the instrument was, at the date thereof, the officer as is therein represented to be, was empowered by law as such officer to administer the oath or affidavit, and that he or she believes the name so subscribed is the signature of the officer, the oath or affidavit may be read or used in any court within this state and before any officer, board or commission authorized to use or consider the oath or affidavit. Whenever any such oath or affidavit is certified by any notary public or clerk of a court of record and an impression of his or her official seal is thereto affixed no further attestation shall be necessary.
887.01(3)(3) Officer in armed forces. In every instance where an officer in the armed forces is authorized by s. 140.13 to take an acknowledgment, the officer may administer an oath.
887.01 HistoryHistory: 1971 c. 41 s. 11; 1977 c. 305; 1979 c. 110; 1983 a. 484; 1983 a. 492 s. 3; 1989 a. 141; 1993 a. 486; 2019 a. 125.
Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1980–2023 · leading case: State v. Johnston, 394 N.W.2d 915 (Wis. Ct. App. 1986).
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State v. Johnston, 394 N.W.2d 915 (Wis. Ct. App. 1986). · cites it 5× “In support of his argument, Johnston contends that sec. 887.01(1), Stats., 3 not only fails to autho *265 rize, but also explicity prohibits a clerk from administering an oath to a witness.”
Allen Gahl v. Aurora Health Care, Inc., 2023 WI 35 (Wis. 2023). · cites it 2× “1990); see also Wis. Stat. § 887.01 (2019-20). 18 No. 2021AP1787-FT.”
Newkirk v. Wisconsin Dep't of Transp., 598 N.W.2d 610 (Wis. Ct. App. 1999). · cites it 5× “Considered in context, then, the remainder of the sentence in which the court's "a statement may be sworn without being notarized" remark appears indicates that it is no more than an acknowledgment that persons other than notaries public are authorized to administer oaths, for…”
Gillund v. Meridian Mut. Ins., 2010 WI App 4 (Wis. Ct. App. 2009). “§ 887.01(1) states that "[a]n ... affidavit required or authorized by law.”
Kellner v. Christian, 539 N.W.2d 685 (Wis. 1995). “sworn testimony under § 887.01(1), STATS.), just as a statement may be notarized without being sworn (e.”
Koller v. Pierce Cnty. Dep't of Human Servs., 522 N.W.2d 240 (Wis. Ct. App. 1994). · cites it 2× “sworn testimony under § 887.01(1), Stats.) just as a statement may be notarized without being sworn (e.”
State Ex Rel. Shimkus v. Sondalle, 2000 WI App 262 (Wis. Ct. App. 2000). · cites it 2× “An affidavit setting forth what the inmate did and when, signed by the inmate and notarized by a person authorized by law to administer oaths, see Wis. Stat. § 887.01 , is one type of such evidence, which is practicable for an inmate acting pro se to produce and file with the…”
In Re Wis. Fam. Counseling Servs. v. State, 291 N.W.2d 631 (Wis. Ct. App. 1980). “The judge may exercise his authority to administer an oath, sec. 887.01(1), Stats., and to issue a subpoena, sec.”
Certain Subpoena Duces Tecum Issued to Wisconsin Fam. Counseling Servs., Inc. v. State, 291 N.W.2d 631 (Wis. Ct. App. 1980). “The judge may exercise his authority to administer an oath, sec. 887.01(1), Stats., and to issue a subpoena, sec.”
Amin v. Loyola Univ. Chicago, 423 F. Supp. 2d 914 (W.D. Wis. 2006). · cites it 4× “Specifically, plaintiff contends that Kelly’s affidavit should be stricken because it was not authenticated as required under Wis. Stat. § 887.01 and Malone’s affidavit should be stricken because it was notarized by attorney Kristofer Hanson, whose permanent commission as a…”
— Wis. Stat. § 887.01(1) — 7 cases
State v. Johnston, 394 N.W.2d 915 (Wis. Ct. App. 1986). “In support of his argument, Johnston contends that sec. 887.01(1), Stats., 3 not only fails to autho *265 rize, but also explicity prohibits a clerk from administering an oath to a witness.”
Newkirk v. Wisconsin Dep't of Transp., 598 N.W.2d 610 (Wis. Ct. App. 1999). “Considered in context, then, the remainder of the sentence in which the court's "a statement may be sworn without being notarized" remark appears indicates that it is no more than an acknowledgment that persons other than notaries public are authorized to administer oaths, for…”
Gillund v. Meridian Mut. Ins., 2010 WI App 4 (Wis. Ct. App. 2009). “§ 887.01(1) states that "[a]n ... affidavit required or authorized by law.”
Kellner v. Christian, 539 N.W.2d 685 (Wis. 1995). “sworn testimony under § 887.01(1), STATS.), just as a statement may be notarized without being sworn (e.”
Koller v. Pierce Cnty. Dep't of Human Servs., 522 N.W.2d 240 (Wis. Ct. App. 1994). “sworn testimony under § 887.01(1), Stats.) just as a statement may be notarized without being sworn (e.”
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