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Swearing in Witness

For those of you working as deposition reporters, would you be so kind as to give me the exact wording on the oath that you give to witnesses? Is there a standard oath? Is it okay to use your own wording as long as certain specific words are there? Working in court for my entire reporting career, the Clerk swears in all witnesses, so I've never had the "honor" of doing it. BTW I am a p/t instructor at a court reporting school, and your answers will benefit future court reporters!!

Thanks so much

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Comment by April McMillan, CRR, RPR, CSR on July 31, 2009 at 20:46: Rosalie, your oath is absolutely fine. No changes needed. And I've deleted the word "God" from the last phrase and just say, "so help you?"

Comment by Kaleisha Straughter on July 31, 2009 at 20:28: Does anyone know why the word "swear" was taken out of the oath?

Comment by Rosalie DeLeonardis on July 31, 2009 at 19:30: April, I'm glad you put the code on here. Once that came out I stopped using "swear," but have a friend who doesnt' care and keeps using "swear." I have even stopped using "so help you God," so I don't get put in that situation. I did, however, after the wife's depo, with husband sitting through that, said very angrily that he does not swear, blah, blah, and I told him I don't and did not use the wording with his wife.

Here's my oath, and please tell me what I should change and/or add:

"Do you state under penalty of perjury that the testimony you are about to give in this deposition proceeding shall be the truth, the whole truth, and nothing but the truth?"

Comment by Veronica Kubat on July 30, 2009 at 18:05: Kathryn, I had that happen too! No right arm.

V.

Comment by Deborah L. Willoughby on July 30, 2009 at 10:38: I use "Do you swear or affirm that the testimony you're about to give shall be the truth, the whole truth, and nothing but the truth, so help you God."

Kathryn: LOL at the doctor raising his hand before you asked him to. That exact same thing has happened to me, and I get stumbled up every time!

Comment by Kaleisha Straughter on July 30, 2009 at 10:36: Thanks to all who responded to my blog post regarding administering the oath. My students will greatly appreciate your input!!!

Comment by April McMillan, CRR, RPR, CSR on July 30, 2009 at 9:48: Very Important! As of January 1, 2001, changes were made to CCP Section 2094. According to the new language, when we are "swearing" in a deponent we are to no longer use the word "swear."

I would suggest the examples listed above by Quyen. Remember to remove the word "swear" from your oath blurb, too, within the transcript.

I don't think this is widely known for the fact that every time I give the oath, the deponent's counsel always asks, "Why didn't you ask him to swear? I've never heard the oath given like that." And then I bring out my updated sheet on CCP Section 2094 and let them read it.

Comment by Veronica Kubat on July 30, 2009 at 8:56: I think on a few occasions I've drawn a complete blank and had to sit there and remember how the oath started. It was one of those blonde moments.

V.

:0)

Comment by Veronica Kubat on July 30, 2009 at 1:22: "Do you solemnly swear that the testimony you are about to give in the cause now pending will be the truth, the whole truth, and nothing but the truth, so help you God?"

I don't even remember when or where I learned it, but it's been the same exact thing for 25-plus years.

If someone doesn't want to swear under God, use the following:

"Do you solemnly affirm under the penalty of perjury to tell the truth, the whole truth, and nothing but the truth in the cause now pending?"

Veronica

Comment by Quyen on July 30, 2009 at 0:10: Yes, there is a standard oath/affirmation. In fact, it is stated in the California Code of Civil Procedure, Section 2094:

"(a) An oath, affirmation, or declaration in an action or a
proceeding, may be administered by obtaining an affirmative response to one of the following questions:

(1) "Do you solemnly state that the evidence you shall give in
this issue (or matter) shall be the truth, the whole truth, and
nothing but the truth, so help you God?"

(2) "Do you solemnly state, under penalty of perjury, that the
evidence that you shall give in this issue (or matter) shall be the
truth, the whole truth, and nothing but the truth?"

(b) In the alternative to the forms prescribed in subdivision (a),
the court may administer an oath, affirmation, or declaration in an
action or a proceeding in a manner that is calculated to awaken the person's conscience and impress the person's mind with the duty to tell the truth. The court shall satisfy itself that the person
testifying understands that his or her testimony is being given under penalty of perjury."

I have administered the oath/affirmation verbatim, from day one, as stated in (1) and (2) above, except I say "in this issue" and not "in this matter."

I believe there may be minor variations such as "issue/matter" from state to state, but I do not believe one is permitted to "use your own wording," as the oath/affirmation bears a legal significance in that it makes the witness aware that they are obligated to tell the truth, to which there are legal consequences for falsely testifying. But ... I could be wrong.