The legal system requires that people who are going to testify about what is true or not true should not be flippant or careless about their words. As a result, TV and movies depict witnesses in court who are often asked to “swear to tell the truth, the whole truth and nothing but the truth, so help me, God.” This recitation of words that is intended to elicit honesty from witnesses is legally called a sworn oath to tell the truth.
This process of confirming the speaker’s honesty and triggering the speaker’s conscience in being honest is not only used in court. It is also used outside of court as a part of various legal documents. Affidavits are documents signed by someone (called an affiant) when that affiant wants to state facts upon which other people can and will rely. Affiants are asked to swear an oath in conjunction with signing affidavits.
Other documents that include a need for truthfulness (and thus include sworn oaths) include some transfer-of-ownership documents or reports of transfers of ownership where a tax is assessed based upon the sale/purchase price. In these contexts, the government wants maximum assurances that the correct price is reported so sufficient taxes can be collected.
Initially, it is important to differentiate between a common understanding of swearing and what the law sometimes asks of people. Swearing can mean using language that is coarse, profane or otherwise unacceptable in polite company. When people are asked to swear under oath in a legal context, there is no request to use coarse language.
Instead, the swearing that is intended and requested in legal contexts is promising or committing to openly state facts and confirm the accuracy of those facts.
Despite the popularity of the “whole truth, nothing but the truth” phrase, Ohio law does not require any specific language for someone to swear to the accuracy of a statement. As long as the person testifying triggers a feeling that the promise of honesty is binding on his or her conscience, any specific words can be used.
Regardless of the semantics of the word “swear,” most versions of the Bible mention swearing in Chapter 5 of the Book of Matthew. In that part of the Bible, Jesus instructed people, “Do not swear … Let your ‘yes’ mean ‘yes, and your ‘no’ mean ‘no.’”
Based upon the Bible or other reasons, some people do not swear. Fortunately, Ohio law does not require that anyone swear to or about anything. Instead, the law allows a person to avoid swearing if that person has a conscientious moral position against swearing.
Thus, people who do not want to swear can “affirm” that they are being honest and will be honest. Affirmations are obviously different from sworn oaths, but affirmations are a sufficient legal replacement for swearing because affirmations include the commitment to state facts publicly and to defend the accuracy of those facts. Thus, Ohio law explicitly states that “An affirmation has the same effect as (a sworn) oath.”
Lee R. Schroeder is an Ohio licensed attorney at Schroeder Law LLC in Putnam County. He limits his practice to business, real estate, estate planning and agriculture issues in northwest Ohio. He can be reached at [email protected] or at 419-659-2058. This article is not intended to serve as legal advice, and specific advice should be sought from the licensed attorney of your choice based upon the specific facts and circumstances that you face.
