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astonamous

(1,336 posts)
Mon Jul 8, 2013, 10:40 AM Jul 2013

"So help you God"

If I have to testify in my son's death, do I have swear to god to tell the truth? Is that how they always swear witnesses in?

I don't believe in a God.

I didn't have to swear to God to serve and defend this country when I joined the Air Force.

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"So help you God" (Original Post) astonamous Jul 2013 OP
ymmv, but everywhere i've seen or heard of, it's always "do you swear or affirm" unblock Jul 2013 #1
You can affirm any oath in any court. MineralMan Jul 2013 #2
court would be in Utah... astonamous Jul 2013 #4
You're welcome. MineralMan Jul 2013 #7
I think there are alternatives. Jim__ Jul 2013 #3
Thank you. n/t astonamous Jul 2013 #5
You may always choose to affirm rather than swear Recursion Jul 2013 #6

unblock

(52,123 posts)
1. ymmv, but everywhere i've seen or heard of, it's always "do you swear or affirm"
Mon Jul 8, 2013, 10:49 AM
Jul 2013

and you can respond "i affirm" if you want to be explicit or simply "yes" or "i do" as you wish.

imho, you can even say "i affirm" if that's not given as an option.

MineralMan

(146,262 posts)
2. You can affirm any oath in any court.
Mon Jul 8, 2013, 10:53 AM
Jul 2013

The couple of times when I've testified in court, when the bailiff showed up to administer the oath, I just said, "I will affirm the oath." No Bible was presented. In all of the California courts I've been to, no Bible is used at all for oath administration.

In some jurisdictions, the bailiff may be surprised, but no oath on the Bible or phrase about God is ever required, even if the morons in that court don't understand that. Just stick to your affirmation.

astonamous

(1,336 posts)
4. court would be in Utah...
Mon Jul 8, 2013, 11:19 AM
Jul 2013

We did our depositions in California and no bible was presented and we affirmed. This was also the case when I was pulled out for a jury.

Thanks for your answer.

Jim__

(14,063 posts)
3. I think there are alternatives.
Mon Jul 8, 2013, 10:54 AM
Jul 2013

From a 1985 article in the LA Times:

Witnesses in court proceedings cannot be forced to affirm that they are telling the truth if they object to such affirmations on religious grounds, the U.S. 9th Circuit Court of Appeals ruled Thursday.

In striking down the established legal alternative to a sworn oath for those with religious objections to taking oaths of any kind, a divided three-judge 9th Circuit panel said there is no need for any formal vow of honesty before a witness testifies.

Suggesting new language for that part of courtroom ceremony still known as the "swearing in" of witnesses when religious objections arise, the 9th Circuit panel said the following phrase would be sufficient:

"I understand that I must accurately state the facts. I agree to testify under penalty of perjury. I understand that if I testify falsely, I may be subject to criminal prosecution."

...


I'm not sure of the status of this decision, or if it is now a nation wide standard.
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