28 USC App Fed R Evid Rule 603: Oath or Affirmation
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28 USC App Fed R Evid Rule 603: Oath or Affirmation
From Title 28-AppendixFEDERAL RULES OF EVIDENCEARTICLE VI-WITNESSES

Rule 603. Oath or Affirmation

Before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness' conscience and impress the witness' mind with the duty to do so.

( Pub. L. 93–595, §1, Jan. 2, 1975, 88 Stat. 1934 ; Mar. 2, 1987, eff. Oct. 1, 1987.)

Notes of Advisory Committee on Proposed Rules

The rule is designed to afford the flexibility required in dealing with religious adults, atheists, conscientious objectors, mental defectives, and children. Affirmation is simply a solemn undertaking to tell the truth; no special verbal formula is required. As is true generally, affirmation is recognized by federal law. "Oath" includes affirmation, 1 U.S.C. §1; judges and clerks may administer oaths and affirmations, 28 U.S.C. §§459, 953; and affirmations are acceptable in lieu of oaths under Rule 43(d) of the Federal Rules of Civil Procedure. Perjury by a witness is a crime, 18 U.S.C. §1621.

Notes of Advisory Committee on Rules-1987 Amendment

The amendments are technical. No substantive change is intended.