TITLE SIX — WITNESSES
Rule 603. Oath or Affirmation to Testify Truthfully
Oath. Before testifying, a witness must give an oath or affirmation to testify truthfully. It must be in a form designed to impress that duty on the witness’s conscience.
Form of the Oath. The oath shall be administered in substantially the following form: “Do you solemnly swear that the testimony you shall give in this proceeding shall be the truth, the whole truth, and nothing but the truth? So help you God.”
Form of the Affirmation. A witness who declines to swear shall be permitted to affirm, without inquiry into the reason. The affirmation shall be administered in substantially the following form: “Do you solemnly, sincerely, and truly declare and affirm that the testimony you shall give in this proceeding shall be the truth, the whole truth, and nothing but the truth, under the pains and penalties of perjury?” Whenever under these rules an oath is required to be taken, a solemn affirmation under the penalties of perjury shall be accepted in lieu thereof, as Rid. R. Civ. P. 30 provides. An affirmation so given is an oath for every purpose of these rules, of R.C.C. § 2.10, and of 3 R. Stat. § 151.007.
Variation in Form.
Substance Governs. No particular words are required. An oath or affirmation is sufficient if the witness, having been made aware of the duty to testify truthfully and of the consequence of failing in that duty, assents to it upon the record.
No Comment. The election between an oath and an affirmation shall not be the subject of comment, argument, or cross-examination, and is not admissible upon credibility under Rule 610. The court shall not inquire into a witness’s religious belief or want of belief.
Simplified Form. Where a witness satisfies Rule 601(2) but does not comprehend the form prescribed by subdivision (2) or (3), the court shall administer the following: “Do you promise that everything you say in this proceeding will be the truth, and do you understand that it is wrong to say anything that is not true?” An affirmative answer given upon the record is an oath for every purpose of these rules.
Who May Administer the Oath. An oath or affirmation to testify truthfully may be administered by:
the presiding judge or justice;
the Clerk of the Supreme Court or a deputy clerk, in or out of court, touching any matter in which an oath may be legally administered, as 3 R. Stat. § 121.204 provides;
the Clerk of the Superior Court or a deputy clerk, in or out of court, touching any matter in which an oath may be legally administered, as 3 R. Stat. § 131.104 provides;
an attorney authorized to practice law in this State, in open court and in the presence of the presiding judge or justice, as 3 R. Stat. § 151.007 provides; a person swearing falsely under an oath so administered is liable to the penalty prescribed for perjury;
before the grand jury, the foreperson and the assigned state attorney, as 6 R. Stat. § 131.108 provides;
a notary public commissioned under the Notaries Public Act, whose authority to administer oaths and affirmations and to take verifications upon oath or affirmation is conferred by 3 R. Stat. §§ 311.002 and 312.101, and who may exercise that authority in any county or city of this State as 3 R. Stat. § 312.103 provides; and
the Special Counsel’s Office, in the exercise of its investigative power under 2 R. Stat. § 122.303, and any other officer whom a statute of this State authorizes to administer an oath in the matter, including the officer before whom the affidavit accompanying the return and inventory of a search warrant is sworn under 6 R. Stat. § 131.016.
Duties of a Notary Administering an Oath. A notary public administering an oath under subdivision (5)(f) shall exercise reasonable care to verify the identity, willingness, and awareness of the principal, as 3 R. Stat. § 312.104 requires, shall identify the principal through personal knowledge, reliable identification, or credible witnesses personally known to the notary, and shall refuse the notarization if satisfactory evidence of identity is lacking or if the principal appears incompetent, coerced, or unaware of the transaction, as 3 R. Stat. § 312.105 requires. The notary shall use the official seal required by 3 R. Stat. §§ 312.107 and 312.109 and the signature specimen on file with the Secretary of State under 3 R. Stat. § 312.006. A notarial act performed after the expiration, resignation, suspension, or revocation of the commission is void, as 3 R. Stat. § 312.108 provides, and an oath so purportedly administered is no oath.
The Oath of a Witness Appearing in the Proceeding Communications.
Manner of Administration. The oath of a witness appearing in the proceeding communications is administered by a person authorized by subdivision (5), who shall post the words of the oath or affirmation in the channel, addressed to the witness by username.
Assent. The witness shall answer in the channel, from the witness’s own account, in words expressing unqualified assent. The answer, recorded in the proceeding communications, is the oath. A reaction, emoji, acknowledgment marker, or any response other than words of assent posted by the witness is not an oath.
Predicate. Before the oath is administered, the witness shall state upon the record the matters required by Rule 601(9)(b), and shall state that the witness understands that the testimony is given under the penalties of perjury.
Attorney-Administered Oath. An attorney may administer the oath in the proceeding communications under 3 R. Stat. § 151.007 only where the presiding judge is present in the channel and the record so reflects.
Witnesses Appearing In-Game. A witness who testifies from within the game environment shall be sworn in the same manner, upon the record of the proceeding communications, before the testimony is taken. Where the witness cannot post in the proceeding communications, the oath may be administered and the assent received in-game in the presence of the presiding judge, who shall cause the fact and the time of the swearing to be entered upon the record.
Time of Swearing; Continuing Effect. The oath shall be administered before the witness gives any testimony. A witness who is recalled, or whose examination resumes after a recess, an adjournment, or a continuance, need not be resworn, but shall be reminded upon the record that the witness remains under oath. A witness who has been sworn remains under oath until excused by the court.
Refusal to Swear or Affirm. A witness who refuses both to swear and to affirm shall not be permitted to testify. The refusal shall be noted upon the record, and the witness is subject to the contempt powers of the court under Rid. R. Civ. P. 53 and Rid. R. Crim. P.
A refusal grounded upon a claim of privilege under Title Five
is governed by that Title and is not a contempt unless the claim is overruled and the witness persists.
Omission of the Oath. Where testimony has been taken without an oath, a party who knew or should have known of the omission and did not object at the time waives the objection. Where the objection is timely, the court shall direct that the witness be sworn and that the testimony be given again or adopted under oath upon the record; failing which, the testimony shall be stricken. The court may on its own cure the omission at any time before the close of the evidence.
Consequence of False Testimony. A witness who, having taken an oath in a case in which the law authorizes an oath to be administered, wilfully and contrary to that oath states or subscribes any material matter which the witness does not believe to be true commits perjury under R.C.C. § 2.10. The court may inform a witness of this provision, and shall do so upon the request of a party where the court finds a reasonable ground for the request.
Affidavits, Depositions, and Written Testimony. An affidavit, verification, deposition, or other written statement required by these rules or by any rule of procedure to be sworn shall be sworn before a person authorized by subdivision (5) to administer the oath. A declaration subscribed under penalty of perjury is within R.C.C. § 2.10 whether or not an officer administered the oath. The electronic signature transmitted with a filing constitutes the account holder’s declaration under penalty of perjury as to the contents of that filing; it is not verified against the account and is not proof of the identity of the signer.
Statements Not Given as Testimony. This rule does not require an oath of a person making a statement which is not offered as testimony, including a defendant’s statement in allocution, an unsworn statement of counsel, or an argument. A statement so made is not evidence and shall not be treated as evidence.