RULE 6.10 COURTROOM OATHS
(a) Oath. Unless an affirmation is used, an oath substantially in the following form must be administered:
(1) To a Prospective Juror. Do you solemnly swear to truthfully answer the questions you are asked about your qualifications to be a juror? So help you God.
To a Jury. Do you solemnly swear that you will consider all the evidence in this case, follow the instructions given to you, deliberate fairly and impartially and reach a fair verdict? So help you God.
(3) To a Witness. Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth? So help you God.
(4) To an Interpreter. Do you solemnly swear to justly, truly, and impartially act as an interpreter and make a true translation to the best of your ability? So help you God.
(5) To a Bailiff to Keep Jury After Cause Submitted. Do you solemnly swear to keep the jury together until they are returned to the Court and not permit anyone to communicate with them unless you are ordered to do so by the Court? So help you God.
(6) To a Grand Jury. Do you solemnly swear to listen to, examine, and consider all of the evidence, to follow all of the Court's instructions, and to decide matters placed before you in accordance with the law and evidence presented? So help you God.
(7) To a Grand Jury Witness. Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, and you will keep secret all of the proceedings of the grand jury conducted in your presence? So help you God.
(8) To a Grand Jury Reporter. Do you solemnly swear you will keep secret the testimony taken and evidence considered by the grand jury except as you may be required by law to disclose? So help you God.
To a Grand Jury Bailiff. Do you solemnly swear to impartially perform the duties of your office to the best of your ability, to obey your instructions, and not to eavesdrop or communicate with the grand jurors regarding any matter being considered by them? So help you God.
(b) Affirmation. A person must be allowed to make an affirmation instead of taking an oath, by substituting the word "affirm" for the word "swear" and substituting the phrase "under the pains and penalties of perjury" for the phrase "so help you God."
Rule 6.10 was adopted, effective March 1, 1999.
The intent of the rule is to modernize the language used in courtroom oaths and to consolidate the various oaths into one location.
SOURCES: Procedure Committee Minutes of January 29-30, 1998, pages 3-10; September 25-26, 1997, pages 11-12.
SUPERSEDED: Sections 28-14-08; 29-10.1-12; and 29-10.1-25. In Section 29-17-12, the language regarding an oath or affirmation. Section 29-17-14. In Section 31-01-11, the oath or affirmation for an interpreter. Section 44-05-02.
CROSS REFERENCE: NDRCivP 43 (Evidence); NDREv 603 (Oath or Affirmation).