What would happen if a witness in court was asked if they will swear to tell the truth and they said no?
What would happen if a witness in court was asked if they will swear to tell the truth and they said no?
If the witness were unwilling to swear or affirm to tell the truth, the witness would either not be permitted to testify or sanctioned for contempt of court until the witness swears or affirms to tell the truth when called to testify.
Some people may object to “swearing” to tell the truth because their religion or personal morals prohibit swearing oaths, and so every state has a statute that allows such a witness to “affirm” to tell the truth instead of swearing an oath to tell the truth. Here is Utah’s statute:
Any person may, instead of taking an oath, opt to make a solemn affirmation or declaration, by assenting, when addressed in the following form:
“You do solemnly affirm (or declare) that ….” etc., as in Section 78B-1-143.
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Tags: 78B-1-143, 78B-1-144, affirm, contempt, court, moral, religion, sanctioned, swear, truth, Utah code, witness