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