What can I swear on in court?

Asked by: Marlene Schmidt  |  Last update: August 31, 2025
Score: 4.9/5 (66 votes)

To that end, the federal court system and most state court systems have established rules explicitly providing for witnesses to give either an oath, whether on a bible or other religious scripture, or an affirmation.

Can I swear on something other than a Bible in court?

From a legal perspective, both versions, religious (“oath”) and secular (“affirmation”), are equally binding.

Are you allowed to swear in the courtroom?

For example, courts have held that swearing at the judge in the courtroom is sufficient grounds for a direct contempt of court charge. Direct contempt of court is contrasted with indirect contempt of court, also known as constructive contempt.

What is the alternative to swearing in court?

In law, an affirmation is a solemn declaration allowed to those who conscientiously object to taking an oath. An affirmation has exactly the same legal effect as an oath but is usually taken to avoid the religious implications of an oath; it is thus legally binding but not considered a religious oath.

What can you not say in court?

Don't lie about anything, not even white [small] lies. If you are discovered to be lying, the judge may find it hard to believe you when you are telling the truth. Don't argue with the questioner. Don't ask questions back: “What would you do if…”

Mock Trial Step-by-Step: Swearing in a Witness

15 related questions found

What not to tell a judge?

Here are five things all defendants will want to avoid saying to a criminal judge:
  • 'I Did It. ' ...
  • 'They Didn't Tell Me...' ...
  • Expletives. ...
  • Lies, Lies, Lies. ...
  • 'I Will Represent Myself.

What do you swear on in court?

Oath: I swear by Almighty God that I will tell the truth, the whole truth, and nothing but the truth. Affirmation: I solemnly, sincerely and truly declare and affirm that I will tell the truth, the whole truth, and nothing but the truth.

Can you go to jail for swearing?

Generally, cursing in public is not an illegal offense. However, there are some instances where you still could be charged with disorderly conduct when cursing. This includes: If your language incites violence.

What happens if you refuse to swear in court?

So if they refuse to swear to tell the truth, they're not in compliance with the subpoena.” If you're not in compliance with the subpoena, you can be held in contempt of court or, in the case of the Jan. 6 hearings, of Congress. And if you are held in contempt, potential consequences include some jail time.

What can you swear in on?

Feel Free To Use Whatever Book You Like. Many elected officials are being sworn into their positions around now, so it's a good time to remember that nothing in the Constitution or laws of the United States requires taking an oath of office on a Christian Bible.

How do atheists swear in court?

If you should find yourself in a position to “swear or affirm,” whether as a witness, as a jury member, or as a requirement of accepting government employment, let the official administering the oath know in advance that you wish to give an affirmation, rather than swear an oath.

Can you cuss at a cop?

“You know, technically, the First Amendment protects you and allows you to curse at police, to yell at police, to give them the middle finger and to do all kinds of things, up to a point,” Fancher said.

Can a judge curse at you?

Is a judge allowed to drop an “f bomb”, even if he or she is outside of court? The answer in California appears to be no, at least if it is in reference to a conversation with another judge. The issue arose recently in a case filed with the State's Commission on Judicial Performance.

Is swearing in court a sin?

In the Sermon on the Mount, Jesus said: 'you have heard it was said to the people long ago, "Do not break your oath, but keep the oaths you have made to the Lord." But I tell you, Do not swear at all; either by heaven, for it is God's throne; or by the earth, for it is his footstool; or by Jerusalem, for it is the City ...

Do courts still say "so help me God"?

In the United States, the No Religious Test Clause states that "no religious test shall ever be required as a qualification to any office or public trust under the United States." Still, there are federal oaths which do include the phrase "So help me God", such as for justices and judges in 28 U.S.C. § 453.

Does God prohibit swearing?

1 Peter 3:10 tells us that "whoever would love life and see good days must keep their tongue from evil and their lips from deceitful speech." God commands us to keep our tongue from all obscene words, filthy and corrupt communication, lying, swearing, cursing, and any evil speech.

What not to say in court?

Don't lie.

Never, ever say anything you know to be untrue on the stand. Not only did you swear to tell the truth before you started testifying, but any lie you utter can haunt you if the other side figures it out. If they can prove you lied just once, everything you said during your testimony is suspect.

Can I refuse to testify?

If a victim or witness refuses to testify, the judge could hold them in contempt of court, as defined under Penal Code 166 PC. This misdemeanor carries fines and up to six months in jail in California, underscoring the gravity of their refusal. Also, the judge can decide to fine them or detain them until they comply.

How to prove someone is lying in court?

One of the most common ways to prove someone is lying in family court is to document inconsistencies in their statements. Carefully review any written statements, declarations, or testimony provided by the opposing party. Look for contradictions or changes in their story over time.

Is saying the f word illegal?

Cursing in Public: Is It Legal? Although it's probably not a great idea to curse in public, most states won't punish you for it unless it is followed by threats or fighting words. Some states, like Virginia, still have laws predating the Civil War which make "profane swearing" a class 4 misdemeanor.

Is flipping off a cop illegal?

Legally speaking, no. That's considered by the courts as free speech, which IS protected by the 1st Amendment. So no, cops cannot stop you for flipping the bird at them, and if one did, the stop would be ILLEGAL AND UNCONSTITUTIONAL, the millisecond it started.

Is insulting a cop illegal?

Insults are protected by the First Amendment.

It was written to make sure people couldn't be imprisoned just for criticizing, insulting, or poking fun at authorities. This protection has been upheld by several Supreme Court cases, including: 1949, Terminello v. Chicago.

Can you say bad words in court?

Criminal contempt is an action that impugns the integrity of the court or brings the court into disrepute. For example, yelling curse words at a judge would be direct criminal contempt of court.

What are some examples of oaths?

I swear by Almighty God that the evidence I shall give shall be the truth, the whole truth and nothing but the truth. I do solemnly, sincerely and truly declare and affirm that the evidence I shall give shall be the truth, the whole truth and nothing but the truth.

What do you say when you raise your right hand in court?

Please raise your right hand and respond to me: “Do you swear (affirm) that the testimony you are about to give in this arbitration is the truth, the whole truth, and nothing but the truth?