Delaware PortalDelaware CodePrevious PageHome Page

§ 5321. | § 5322. | § 5323. | § 5324.

TITLE 10

Courts and Judicial Procedure

Procedure

CHAPTER 53. OATHS

Subchapter II. Procedure and Form of Oaths

§ 5321. Method of administering.

The usual oath in this State shall be by swearing upon the Holy Evangels of Almighty God. The person to whom an oath is administered shall lay his or her right hand upon the book. (Code 1852, § 2359; Code 1915, § 4245; Code 1935, § 4715; 10 Del. C. 1953, § 5321; 70 Del. Laws, c. 186, § 1.)

§ 5322. Uplifted hand.

A person may be permitted to swear with the uplifted hand; that is to say, a person shall lift up his or her right hand and swear by the ever living God, the searcher of all hearts, that etc., and at the end of the oath shall say, "as I shall answer to God at the Great Day." (Code 1852, § 2360; Code 1915, § 4247; Code 1935, § 4717; 10 Del. C. 1953, § 5322; 70 Del. Laws, c. 186, § 1.)

§ 5323. Affirmation.

A person conscientiously scrupulous of taking an oath may be permitted, instead of swearing, solemnly, sincerely and truly to declare and affirm to the truth of the matters to be testified. (Code 1852, § 2361; Code 1915, § 4248; Code 1935, § 4718; 10 Del. C. 1953, § 5323.)

§ 5324. Non-Christians.

A person believing in any other than the Christian religion, may be sworn according to the peculiar ceremonies of such person's religion, if there be any such. (Code 1852, § 2362; Code 1915, § 4249; Code 1935, § 4719; 10 Del. C. 1953, § 5324; 70 Del. Laws, c. 186, § 1.)

NOTICE: The Delaware Code appearing on this site was prepared by the Division of Research of Legislative Council of the General Assembly with the assistance of the Government Information Center, under the supervision of the Delaware Code Revisors and the editorial staff of LexisNexis, includes all acts up to and including 76 Del. Laws, c. 421, effective August 21, 2008.

DISCLAIMER: Please Note: With respect to the Delaware Code documents available from this site or server, neither the State of Delaware nor any of its employees, makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately-owned rights. This information is provided for informational purposes only. Please seek legal counsel for help on interpretation of individual statutes.