Also known as: oath or affirmation requirement · oath and affirmation · oath or affirmation · witness oath · affirmation in lieu of oath
Written by attorneys · grounded in primary & secondary sources — see below
A procedural requirement that certain declarations in legal proceedings or documents be made under oath or affirmation. The declaration must take a form designed to impress the duty of truthfulness or faithful performance on the declarant's conscience.
Officer Olga O'Neill submits a detailed affidavit to Magistrate Judge Otis Olsen describing surveillance of a suspected drug house. She swears to the facts before a notary. The magistrate issues the warrant only after confirming the affidavit satisfies the oath requirement.
Sixteen-year-old Odilia Okamura refuses the standard perjury oath due to her cognitive disability but agrees to promise she will not lie on purpose. The judge accepts the statement because it impresses the duty of truthfulness on her conscience and allows her testimony.
Select any source to read its text and confirm it supports the definition.
Spouses Olivia Owens and Otto Osman each sign a petition under oath declaring their marriage is irretrievably broken. The court holds a hearing and makes the required finding because the sworn statements satisfy the statutory condition.
After electors certify their votes, the new president stands before the Chief Justice and recites the oath of office. The ceremony fulfills the constitutional requirement that the president take the prescribed oath or affirmation before assuming duties.
Odette Orozco denies under oath that her marriage to Otis Olsen is irretrievably broken. The court considers reconciliation prospects and circumstances of the petition before deciding whether to grant the divorce or continue the matter.
Newly elected state legislator Oakridge Manufacturing's lobbyist takes the oath to support the federal Constitution before assuming office. The oath binds the officer despite any contrary state law under the supremacy principle.
The form must be designed to impress the duty of truthfulness on the declarant's conscience. Courts accept simplified or alternative phrasing when it achieves that purpose, especially for witnesses with cognitive limitations or linguistic differences.
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Yes. Under the Uniform Marriage and Divorce Act, parties must state under oath or affirmation that the marriage is irretrievably broken. The court then makes a finding after a hearing.
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Probable cause must be supported by oath or affirmation. An affidavit sworn before a notary or magistrate supplies the necessary verification before a warrant may issue.
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The court must consider all relevant factors including the circumstances giving rise to the petition and the prospect of reconciliation before making a finding or continuing the matter for counseling.
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Yes. Article VI requires senators, representatives, state legislators, and executive and judicial officers to take an oath or affirmation to support the Constitution.
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…unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. These words connote tangible things capable of being searched or seized. A conversation…