BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007
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Section 7 - Miscellaneous Proceedings

    7.08 Oaths

        7.08.1    Oaths: Affirmation In Lieu Of Oath
        7.08.2    Oaths: Sample Oaths
        7.08.2.1 Oath To Attorneys
        7.08.2.2 Oath To Clerks And Deputies
        7.08.2.3 Oath To Crier (Bailiff)
        7.08.2.4 Oath To Crier (Bailiff) To Conduct Jury To View Place
        7.08.2.5 Oath To Guides To Conduct Jury To View Place
        7.08.2.6 Oath To Crier (Bailiff) To Keep Jury During Adjournment
        7.08.2.7 Oath To Crier (Bailiff) And Marshal After Cause Is Submitted
        7.08.2.8 Oath To Defendant
        7.08.2.9 Oath For Deposition
        7.08.2.10 Oath To Grand Jury Foreperson And Deputy Foreperson
        7.08.2.11 Oath To Other Grand Jurors
        7.08.2.12 Oath To Venirepersons
        7.08.2.13 Oath To Interpreter
        7.08.2.14 Oath To Interpreter For A Deaf Juror
        7.08.2.15 Oath To Jurors In Civil Cases (Including Condemnation Cases)
        7.08.2.16 Oath To Jurors In Criminal Case
        7.08.2.17 Oath To Master
        7.08.2.18 Oath To Reporter Or Stenographer (for grand jury proceedings)
        7.08.2.19 Oath To Witness
        7.08.2.20 Oath Of Allegiance (naturalization proceedings, 8 USC 1448(a))
        7.08.2.21 Oath To Justices, Judges, And Magistrate Judges
        7.08.2.22 Oath To Public Officials
        7.08.3      Oaths: Table Of Authorities

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

Any person who has conscientious scruples about taking an oath may be allowed to make an affirmation. See, e.g., Fed. R. Civ. P. 43(d) (changed to 43(b) effective December 1, 2007); FRCP 1(b)(6). Substitute the word "affirm" for the words "solemnly swear" at the beginning of the oath and delete the words "so help me God" at the end. (If appropriate, courts may wish to substitute "this I do affirm under the pain and penalties of perjury" for "so help me God" at the end.)

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

The following are suggested oaths for several situations. A statutory cite after an oath indicates that the oath is taken directly from the statute.

If the person taking an oath or making an affirmation does not understand English, the oath or affirmation should be in a language he or she understands.

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

(admission to practice before the court)

I, _______________, do solemnly swear [or affirm] that to the best of my knowledge and ability I will support and defend the Constitution of the United States against all enemies, foreign and domestic, and that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will demean myself as an attorney, proctor, and solicitor of this court uprightly and according to law, so help me God.

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

(to be made by each clerk of court and all deputies before they assume their duties)

I, _______________, having been appointed _______________, do solemnly swear [or affirm] that I will truly and faithfully enter and record all orders, decrees, judgments, and proceedings of such court, and will faithfully and impartially discharge all other duties of my office according to the best of my abilities and understanding. So help me God.

[28 USC 951]

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

7.08.2.3 Oath To Crier (Bailiff)

(may be administered in those districts that employ a temporary court crier)

Do you solemnly swear [or affirm] that you will faithfully, impartially, and to the best of your ability discharge the duties of crier [bailiff] of this court, to which office you have been appointed, and will strictly obey all orders of the court and your superiors as crier [bailiff] during the session now being held, so help you God?

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

Do you solemnly swear [or affirm] that you will, together with the United States Marshal, keep these jurors together and permit no one to talk to them, aside from the guides, nor talk to them yourself regarding the case under consideration, until discharged by the court, so help you God?

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

7.08.2.5 Oath To Guides To Conduct Jury To View Place

Do each of you solemnly swear [or affirm] that you will guide these jurors on an inspection of the ___________ involved in this action and that you will permit no one to talk to them, nor talk to them yourselves, regarding the case under consideration, except as instructed by the court, so help you God?

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

Do you solemnly swear [or affirm] that you will keep the jurors composing this panel together until the next meeting of this court, and during all other adjournments of the court during the trial of this case; that you will permit no person to speak or communicate with them, nor do so yourself, on any subject connected with the trial; and that you will return them to court at the next meeting thereof, so help you God?

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

Do you solemnly swear [or affirm] that you will keep these jurors together in some private and convenient place and not permit any person to speak to or communicate with them, nor do so yourself unless by order of the court, nor ask whether they have agreed on a verdict, and that you will return them to court when they have so agreed, or when ordered by the court, so help you God?

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

(as to his or her financial ability to employ counsel)

Do you solemnly swear [or affirm] that all of the statements you are about to make relative to your financial ability to employ counsel will be the truth, the whole truth, and nothing but the truth, so help you God?

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

Do you solemnly swear [or affirm] that all the testimony you are about to give in the matter now in hearing will be the truth, the whole truth, and nothing but the truth, so help you God?

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

Do you, as foreperson and deputy foreperson of this grand jury, solemnly swear [or affirm] that you will diligently inquire into and make true presentment or indictment of all public offenses against the United States committed or triable within this district of which you shall have or can obtain legal evidence; that you will keep your own counsel and that of your fellows and of the United States and will not, except when required in the due course of judicial proceedings, disclose the testimony of any witness examined before you, or anything which you or any other grand juror may have voted on in any matter before you; that you shall present or indict no person through malice, hatred, or ill will, nor leave any person unpresented or unindicted through fear, favor, or affection, or for any reward or for the promise or hope thereof; and that in all your presentments or indictments you shall present the truth, the whole truth, and nothing but the truth to the best of your skill and understanding, so help you God?

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

Do each of you solemnly swear [or affirm] that you shall diligently inquire into and make true presentment or indictment of all such matters and things touching your present grand jury service that are given to you in charge or that otherwise come to your knowledge; that you shall keep secret the counsel of the United States, your fellows, and yourselves; that you shall not present or indict any person through hatred, malice, or ill will, or leave any person unpresented or unindicted through fear, favor, or affection or for any reward or for the hope or promise thereof; and that in all your presentments and indictments you shall present the truth, the whole truth, and nothing but the truth to the best of your skill and understanding, so help you God?

Do each of you solemnly swear [or affirm] that you will well and truly observe on your part the same oath that your foreperson and deputy foreperson have now taken before you on their part, so help you God?

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

(to be administered at juror qualification or voir dire)

Do you solemnly swear [or affirm] that you will truthfully answer all questions that shall be asked of you regarding your qualifications as a juror in the case now called for trial, so help you God?

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

(The interpreter’s duties include interpreting the oath to the witness, the verbatim questions of the court and counsel, and the answers thereto.)

Do you solemnly swear [or affirm] that you will justly, truly, fairly, and impartially act as an interpreter in the case now before the court, so help you God?

[Note: In addition to the initial oath, the Tenth Circuit has stated that "before the verdict is announced, [the court] should inquire . . . whether the interpreter abided by her oath to act strictly as an interpreter and not to participate in the deliberations. Ideally, the judge should then question the jurors to the same effect." United States v. Dempsey, 830 F.2d 1084, 1092 (10th Cir. 1987).]

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

7.08.2.14 Oath To Interpreter For A Deaf Juror [Footnote 1]

Do you solemnly swear [or affirm] that you will accurately interpret from the English language into the sign language understood by the juror, who is deaf, and from that language as used by the juror into the English language; that, while you are present in the jury room during the jury’s deliberations, your communications with that juror and the other jurors will be limited to translating for the deaf juror what the other jurors say and for the others what the deaf juror says, so that you will not express any of your own ideas, opinions, or observations or otherwise participate yourself in the jury’s deliberations; and that you will keep secret all that you hear in the jury room and will not discuss with anyone the testimony or merits of the case unless ordered differently by the court or authorized by the deaf juror after the trial is finished to disclose anything he or she said during the deliberations, so help you God?

FOOTNOTES:

Footnote 1:    This sample oath is based on one given to an interpreter in New York v. Green, 561 N.Y.S. 2d 130 (N.Y. County Ct. 1990). It is provided as one example of the form for such an oath.

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

Do each of you solemnly swear [or affirm] that you will well and truly try the matters in issue now on trial and render a true verdict according to the law and the evidence, so help you God?

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

7.08.2.16 Oath To Jurors In Criminal Case

FORECITE National™ Materials Related To This Issue:

10.3 Swearing Or Impaneling the Jury

16.15.1 Judge, Rather Than Clerk Or Bailiff, Should Administer The Oath To The Jury

(This oath may also be administered to alternate jurors by substituting for the first line: "Do you, as an alternate juror.")

Do each of you solemnly swear [or affirm] that you will well and truly try and a true deliverance make, in the case now on trial, and render a true verdict according to the law and the evidence, so help you God?

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

Do you solemnly swear [or affirm] that you will well and truly hear and determine the facts and true findings according to the evidence, so help you God?

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

7.08.2.18 Oath To Reporter Or Stenographer (for grand jury proceedings, to be administered by the grand jury foreperson)

Do you solemnly swear [or affirm] that you will well and truly take and record the evidence about to be presented to this grand jury; that you will translate such testimony as required; and that you will keep secret all information you receive as reported at these grand jury proceedings, except on order of the court, so help you God?

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

Do you solemnly swear [or affirm] that all the testimony you are about to give in the case now before the court will be the truth, the whole truth, and nothing but the truth, so help you God?

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

7.08.2.20 Oath Of Allegiance (naturalization proceedings)

I, _________________, do solemnly swear [or affirm] to support the Constitution of the United States, to renounce and abjure absolutely and entirely all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty of which or to whom I have previously been a subject or citizen; to support and defend the Constitution and the laws of the United States against all enemies, foreign and domestic, and to bear true faith and allegiance to the same; and to bear arms on behalf of the United States when required by law [or to perform noncombatant service in the Armed Forces of the United States when required by law] [or to perform work of national importance under civilian direction when required by law], so help me God.

[8 USC 1448(a)]

[Note: If the petitioner refuses to bear arms, ascertain whether there is "clear and convincing evidence" that the refusal is based on "religious training and belief." If so, the petitioner should be required to take the remainder of the oath, including at least one of the alternatives to bearing arms. 8 USC 1448(a).]

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

I, ___________________, do solemnly swear [or affirm] that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___________ under the Constitution and laws of the United States. So help me God.

[28 USC 453]

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007

(given to all individuals, except the President, who are "elected or appointed to an office of honor or profit in the civil service or uniformed services," 5 USC 3331)

I, _____________________, do solemnly swear [or affirm] that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.

[5 USC 3331]

BENCHBOOK FOR U.S. DISTRICT COURT JUDGES-2007
With March 2000 Revisions

The following is a brief compilation of authorities with respect to taking an oath or making an affirmation.