Is this testimony valid?

[Terry Harrison]

Just out of curiosity;

I was videotaping a deposition, and when the reporter asked the witness to raise his right hand and be sworn, he raised his left.  

Now that happens occasionally and the reporter will clarify, "your right hand" lol

This time though, it didnt happen, nobody caught it and the witness was sworn in raising his left hand.

Using logic, his testimony should not be valid, for if it is, then why bother with the raising of the right hand in the first place?

In all my years, Ive never seen that before lol

[Kelli Combs (admin)]

I could see myself making that mistake.  I would figure raising a had is good enough.  We are not supposed to swear people in anymore anyway; they are just affirming the testimony will be correct.

[Rosalie DeLeonardis]

I also think it is valid.  As with Tricia, because the witness had a right shoulder injury, he raised his left hand. 

 

[Terry Harrison]

Notwithstanding phraseology or injury, which there wasn't, it seems to me that if you are asked to raise your right hand, and you instead raise your left, then shouldn't it be invalid?
If not, then why go through the motion of raising your hand if it means nothing? Seems rather pointless.
My question is more on the side of logic than legal standing.

[Mary Jo Cochran]

Well, I want to give my opinion.  I have worked for several really good attorneys and have a paralegal degree, with one course taught by an active judge.

 

Would you raise your right hand, please.  Do you swear or affirm the testimony you are about to give in this cause is the truth, the whole truth, and nothing but the truth?

 

Your comment:  "If not, then why go through the motion of raising your hand if it means nothing? Seems rather pointless."   Raising your right hand (or left) is a symbol.  Years ago in courts, they placed their hand on a Bible.  Yes, it does mean nothing.  It comes from the 17th Century when the common courts began to evolve.  The states were controlled by the Catholic Church - which means the Church had control of the courts.   When witnesses were sworn in (back in they were sworn in), they raised their right hand for God.  You have heard the phrase, "I swear on my mother's grave." or "I swear to God --."

 

I didn't make this story up. 

 

[Terry Harrison]

I appreciate and  recognize the history; but I believe you misunderstood my point.  It's not what raising the hand means; 

The reporter asks the witness to raise his right hand and swear or affirm to tell the truth.  This person raised their left, with no injury to the right etc...

So, if thats ok, then why bother with the raising of either hand?  That's my observation.

It'd be different if it was said, raise either hand and swear...., but we dont say that, we say the right and he raised the left.

And truly, this is more for fun discussion than legal standing as noted above. 

[Janiece Young]

This almost happened today at my deposition.  I asked the witness to raise her right hand and she started to raise her left hand and caught herself and said, "Oops, I'm left-handed."  

She raised her right hand and I swore her in but I thought it was funny b/c of this post.

[Terry Harrison]

yea, its still funny when it happens.  the witness will give off that shy, umm, you didnt see that, look lol

 

[Mary Jo Cochran]

I am off about three centuries with my history.    It started when kingdoms (states) had a king (who had all the gold, therefore had all the assets, therefore ran the land (kingdom)).  The King and the Catholic Courts made all the laws.  When the common courts were formed, people swore on the Bible to tell the truth.

 

My story is off some and not perfect in history - but just a fun fact for how the custom of swearing on the Bible and raising your right hand came to be a custom.

[Mary Jo Cochran]

Here's where the hand raising custom came from:

 

In Western countries, it is customary to raise the right hand while swearing an oath, whether or not the left hand is laid on a Bible or other text. This custom originated during the Medieval period when convicted felons were often branded on the palm of the right hand with a letter or mark indicating their conviction. Since felons were disqualified from making declarations under oath, an oath-taker would display their right hand to show that they were free of convictions and therefore able to take an oath

[Kelli Combs (admin)]

Wow, that's very interesting, Mary Jo.  I just love info like that as to why we do what we do.  Thanks for sharing.

[Terry Harrison]

Another custom regarding the raising of the right hand was when approaching public figures, one would raise their right hand to show no weapon was present.  This was common due to assassinations being so common.

Ive heard it said also that the raising of a warriors visor with the right hand was to show themselves as friend as well as having no weapon.  

the debate is the armor then probably didnt have shields or visors, and also whether or not that is what evolved into the salute in the military.

It's fun to discuss and see how customs emerge