Sworn testimony is evidence given by a witness who has made a commitment to tell the truth. If the witness is later found to have lied whilst bound by the commitment, they can often be charged with the crime of perjury. The types of commitment can include oaths, affirmations and promises which are explained in more detail below. The exact wording of the commitments vary from country to country.
Types of commitment
The commitment can come in different forms depending on the situation of the witness. The types of commitment used in the United Kingdom are:
Oath: A commitment made to the witness's deity, or on their holy book. Affirmation: A secular variant of the oath where the witness does not have to mention a deity or holy book. Promise: A commitment made by a witness under the age of 17, or of all witnesses if none of the accused are over the age of 17.
Variations by country
Canada Affirmation: I solemnly affirm that the evidence to be given by me shall be the truth, the whole truth, and nothing but the truth.Canada Evidence Act (R.S.C., 1985, c. C-5), s. 14
India Oath/Affirmation: I do (swear in the name of God/solemnly affirm) that what I shall state shall be the truth, the whole truth, and nothing but the truth.The Oaths Act, 1969, Form 1; Law Commission of India, Twenty-Eighth Report (May 1965)
South Africa Oath: I swear that the evidence that I shall give shall be the truth, the whole truth, and nothing but the truth, so help me God.Criminal Procedure Act 51 of 1977, s. 162. Affirmation: I solemnly affirm that the evidence that I shall give shall be the truth, the whole truth, and nothing but the truth.Criminal Procedure Act 51 of 1977, s. 163. United Kingdom and Australia England, Wales and Australia Oath: I swear by [substitute Almighty God/Name of God (such as Jehovah) or the name of the holy scripture] thatOaths Act (1978 c.19), s. 1 the evidence I shall give shall be the truth, the whole truth, and nothing but the truth.Resolution of the judges of the King's Bench Division on 11 January 1927
Affirmation: I do solemnly and sincerely and truly declare and affirmOaths Act (1978 c.19), s. 6 that the evidence I shall give shall be the truth, the whole truth, and nothing but the truth.
Promise: I promise before Almighty GodChildren and Young Persons Act (1963 c.37), s. 28 that the evidence which I shall give shall be the truth, the whole truth, and nothing but the truth.
In the UK, a person may give testimony at any age, but will not be sworn in unless 14 years old or over.
Scotland Oath: I swear by Almighty God that I will tell the truth, the whole truth, and nothing but the truth.Act of Adjournal (Criminal Procedure Rules) 1996 (SI 1996/513), Form 14.5-A
Affirmation: I solemnly, sincerely and truly declare and affirm that I will tell the truth, the whole truth, and nothing but the truth.Act of Adjournal (Criminal Procedure Rules) 1996 (SI 1996/513), Form 14.5-B United States Oath: Do you solemnly (swear/affirm) that you will tell the truth, the whole truth, and nothing but the truth? North Dakota Supreme Court Rules, Rule 6.10 These modifications to the oath were originally introduced in order to accommodate those who feel uncomfortable swearing religious oaths, such as Quakers, as well as to accommodate the irreligious.Brendan Koerner: Where did we get our oath? (30 April 2004) In United States v. Ward, the Ninth Circuit Court of Appeals ruled that certain other modifications of the oath were acceptable so long as they demonstrated "a moral or ethical sense of right and wrong".989 F.2d 1015
Oath (California): 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? CA Civ Pro Code § 2094 (2024)
See also Statutory declaration Affirmation in law Performativity
References
Judicial Studies Board (of England and Wales)