Legal Question in Constitutional Law in North Dakota

Do you swear to tell the truth?

When being ''sworn in'' in court, do I have to answer in the affirmative if asked if I will tell the truth, wether I'm asked as an oath or an affirmation?

Would I face charges for the following?

Question: Do you swear to tell the truth, the whole truth, so help you?

Answer: No.


Asked on 6/21/05, 5:24 am

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Do you swear to tell the truth?

If you have religious reasons for declining to "swear", you may "affirm" that you will tell the truth instead. If you want to say no just for the hell of it or because you don't want to tell the truth, you will be held in contempt and will *very* quickly (in a matter of minutes, not months) find yourself behind bars.

Our legal system is not a joke, and neither is your duty to testify. I presume you were subpoenaed, and a subpoena requires you to give truthful testimony. Your obligation to tell the truth attaches long before you are asked to take the oath (which is just a way of documenting that you understand your duty).

The parties to this case are real people with serious issues they need the court to resolve -- and who have the constitutional right to require you to appear and to testify truthfully. The jurors are taking time out of their lives to serve our society and deserve not to have their time wasted by witnesses who want to make trouble. The lawyers, judge and various court personnel all have better things to do with their time than deal with a witness who wants to treat the process as a game.

If you plan to go through with this idea of yours, bring a toothbrush and some reading material. You will be there a *long* time.

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Answered on 6/21/05, 12:49 pm


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