Also known as:juration · jurative · juratory · jurant · oath · swearing
Written by attorneys · grounded in primary & secondary sources — see below
A solemn declaration or promise made with reference to a deity or sacred object as a witness to its truth, required before testimony, in support of legal documents, or to assume public office.
Sources & Authorities
How it applies
Common Examples
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Warrant Supported by Affidavit
James Johnson submitted a detailed affidavit describing drug activity at a specific address. The magistrate reviewed the sworn statements and issued a warrant authorizing officers to search the premises and seize contraband. The search proceeded lawfully because the affidavit supplied the required oath or affirmation.
Interrogatory Responses Under Oath
Jamal Jefferson served interrogatories on Jackson Mutual seeking details about policy coverage. The insurer's designated officer prepared written answers and signed them after swearing to their accuracy. The responses satisfied the requirement that each interrogatory be answered fully in writing under oath.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Jose Jimenez took the stand in a contract dispute. Before answering any questions, he recited an affirmation promising to tell the truth in language that impressed the duty on his conscience. The court permitted his testimony to proceed once the affirmation was complete.
Petition Alleging Broken Marriage
Julia Jensen and her spouse each filed statements under oath declaring their marriage irretrievably broken. After a hearing the court made the required finding and entered the dissolution decree without further proof on that element.
Constitutional Oath for Bar Applicant
June Jiang applied for admission to the state bar and executed an oath promising to support the federal and state constitutions. The oath was upheld as a valid, non-vague commitment that did not chill protected speech.
Presidential Oath of Office
Judy Jacobs was inaugurated as President and recited the constitutional oath before assuming executive power. The oath marked the formal commencement of her four-year term and the vesting of authority under Article II.
Common questions
Frequently Asked
4
What form must an oath or affirmation take to satisfy evidentiary rules?+
The oath or affirmation must be in a form designed to impress the duty to testify truthfully on the witness's conscience. Courts accept unconventional wording when the witness confirms that the chosen language achieves that purpose.
Does a prior sworn statement in one proceeding satisfy the oath requirement in another?+
A prior sworn admission can serve as impeachment material in a later case because it demonstrates the witness's willingness to make statements under oath. The statement retains its character as sworn testimony even when offered for credibility purposes in a different matter.
When may a court rely on an oath to support issuance of a search warrant?+
A warrant may issue only upon probable cause supported by oath or affirmation that particularly describes the place to be searched and the items to be seized. The affidavit must supply facts sufficient for the magistrate to find probable cause.
What happens if a party denies under oath that a marriage is irretrievably broken?+
The court must consider all relevant factors, including the circumstances giving rise to the petition and the prospect of reconciliation, before making a finding on whether the marriage is irretrievably broken.
5 U.S. (1 Cranch) 137 (1803)Property
…and laws of the United States. If judges were to be used to give effect to legislative acts repugnant to the Constitution the oath they take would be mockery. The particular phraseology of the Constitution confirms the principle that a law repugnant to the Constitution is void and that courts as well as other…
Professional ResponsibilityRegulation of the legal profession · Responsibilities of partners, managers, supervisory and subordinate lawyersMPREFoundational