Also known as:swears · swore · sworn · swearing · oath
Written by attorneys · grounded in primary & secondary sources — see below
To make a solemn declaration or promise under oath or affirmation to establish truthfulness or bind to a duty.
Sources & Authorities
How it applies
Common Examples
6
Warrant Application by Officer
Simone Sanders, a detective, prepared an affidavit detailing observations of drug activity at a residence. She appeared before a magistrate and swore to the facts in the document. The magistrate issued a warrant based on the sworn statements.
Interrogatory Responses in Litigation
Santiago Sanchez served written interrogatories on Silverline Industries in a contract dispute. The company's designated officer reviewed the questions and swore that the answers were true and complete before signing and returning them.
Witness Testimony at Trial
Sasha Stone was called to testify about events she observed at a construction site. Before answering any questions, she swore an oath in open court to tell the truth, impressing the duty on her conscience as required for competent testimony.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Jury Selection and Attachment
Spencer Silver faced trial on theft charges. After the jury panel was selected and each member swore an oath to decide the case fairly, jeopardy attached and the defendant gained protection against retrial for the same offense.
Divorce Petition Filing
Skylar Sullivan and Stella Shapiro jointly petitioned for dissolution of their marriage. Each swore under oath that the marriage was irretrievably broken, allowing the court to proceed to a finding on that issue after a hearing.
Parentage Testing Request
Stonehaven Properties' representative filed a petition alleging possible genetic parentage of a child. The request included a sworn statement asserting a reasonable possibility of parentage, prompting the court to order genetic testing of the relevant individuals.
Common questions
Frequently Asked
6
What form must an oath take to satisfy evidentiary requirements?+
The oath or affirmation must be in a form designed to impress the duty to testify truthfully on the witness's conscience. Courts accept secular affirmations as well as traditional religious oaths.
Supporting sources
When does jeopardy attach in a jury trial?+
Jeopardy attaches when the jury is empaneled and sworn. After that point the defendant is generally protected against retrial for the same offense.
Supporting sources
How does a sworn statement support a request for genetic testing in parentage cases?+
A party may obtain an order for genetic testing by submitting a sworn statement alleging a reasonable possibility that the individual is the child's genetic parent or denying parentage with facts establishing a reasonable possibility that the individual is not a genetic parent.
Supporting sources
What must accompany a warrant application under the Fourth Amendment?+
No warrant 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.
Supporting sources
What consequence follows if a party swears falsely in interrogatory answers?+
False answers under oath can expose the responding party to perjury liability and sanctions for discovery abuse.
Supporting sources
How does a sworn statement affect a court's finding in a divorce proceeding?+
If both parties state under oath that the marriage is irretrievably broken, or one states it and the other does not deny it, the court shall make a finding on that issue after a hearing.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…contains many provisions that are rules for the government of courts as well as for the legislature. Judges are required to swear to support the Constitution and to administer justice agreeably to the Constitution and laws of the United States. If judges were to be used to give effect to legislative acts repugnant to…