Legal Question in Constitutional Law in California

take the oath to tell the truth.

When your in court and they ask you raise your hand and take the oath to tell the truth. they expect you to say yes. But what happens if you say no.

If you state truthfully that you will lie, how can they hold that against you.


Asked on 12/14/08, 8:16 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: take the oath to tell the truth.

You are refusing to be sworn, if you were subpoenaed and you are not a criminal defendant you would be in contempt of court. Probably the judge would "invite" you into the holding cell to let you think for a while.

Read more
Answered on 12/14/08, 9:08 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: take the oath to tell the truth.

I agree with Mr. Stone. Witnesses are required to tell the truth. The fact that the court asks you nicely whether you will do so instead of giving you a direct order does not mean you are free to say no.

Testimony is not a game. If you treat it as one you will quickly come to regret it.

Read more
Answered on 12/14/08, 11:31 pm


Related Questions & Answers

More Constitutional Law questions and answers in California