Also known as: oath · affirmation
Written by attorneys · grounded in primary & secondary sources — see below
A formal declaration made in lieu of an oath that binds the declarant to speak truthfully or to fulfill a commitment. The declaration must be in a form that impresses the duty on the declarant's conscience and serves the same legal function as an oath invoking a deity.
Odilia Okamura, a detective, submitted a detailed affidavit describing drug activity at a residence. The magistrate reviewed the affidavit and issued a warrant authorizing the search. Officers later seized evidence during the execution of that warrant.
Opal Okoro served interrogatories on Omega Energy in a contract dispute. The company's designated officer prepared written answers and signed them after reviewing their accuracy. The responses were then served on opposing counsel within the required time.
Select any source to read its text and confirm it supports the definition.
Olivia Owens was called to testify about events she observed at a collision scene. Before answering questions, she stated she would tell the truth and understood the consequences of lying. The court then permitted her to proceed with her account of the incident.
Oliver Okeke submitted an affidavit under oath supporting a search warrant application that described illegal activity at a warehouse. The magistrate reviewed the sworn statement and found probable cause. Officers executed the warrant and seized the listed items.
Oskar Ocampo signed written answers to interrogatories under oath after verifying their accuracy. The court accepted the responses as properly verified. Opposing counsel relied on the sworn answers during pretrial motions.
Oswald Orozco and his spouse filed a joint petition stating under penalty of perjury that their marriage had irretrievably broken down. Neither party later denied the statement. The court held a hearing and made the required finding before entering the decree.
The declaration need only impress the duty of truthfulness on the witness's conscience. Courts accept a simple promise to tell the truth when the witness objects to religious language.
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The amendment requires only that the statement be made under oath or affirmation. It does not prescribe the identity of the person administering the oath beyond the neutral magistrate who issues the warrant.
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Yes. The rule permits an officer or agent who furnishes the information to sign the answers under oath on behalf of the entity.
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No. Any affirmation of fact that becomes part of the basis of the bargain creates the warranty even without formal warranty language.
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The court must consider all relevant factors, including the prospect of reconciliation, before making a finding on whether the marriage has ended.
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…and laws of the United States. If judges were to be used to give effect to legislative acts repugnant to the Constitution the oath they take would be mockery. The particular phraseology of the Constitution confirms the principle that a law repugnant to the Constitution is void and that courts as well as other…