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N.D.R.Ev. 603

Not legal advice. Verify against official sources before relying on this text in any legal matter.

Rule 603 Oath or Affirmation

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Rule Text

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.

Amendment history: (Effective Mar. 1, 2014.)

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

Before anyone testifies in court, they have to promise to tell the truth. This promise can be either a formal oath or a simple affirmation, and the person can choose whichever one fits their beliefs.

The point of this promise isn't just a formality. It's meant to remind the witness that they have a real duty to be honest, and it makes clear that lying under this promise can lead to legal consequences. As long as the words used get this point across and the witness understands they must tell the truth, the exact wording doesn't matter much.

This rule gives people flexibility. Someone doesn't have to swear a religious oath if that goes against their beliefs. They can instead make a simple affirmation that carries the same weight and the same responsibility to be truthful.

Committee Notes

Rule 603 was amended, effective March 1, 1990; March 1, 2014.

Rule 603 was amended, effective March 1, 1990. The amendments are technical in nature and no substantive change is intended.

Rule 603 was amended, effective March 1, 2014, in response to the December 1, 2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility.

SOURCES: Joint Procedure Committee Minutes of April 26-27, 2012, page 22; March 24-25, 1988, page 12; December 3, 1987, page 15; April 8, 1976, page 27. Fed.R.Ev. 603; Rule 603, SBAND proposal.

Cross Reference: N.D.R.Ct. 6.10 (Courtroom Oaths).

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