(1) Before testifying, each witness shall declare that he or she will testify truthfully, by taking an oath or affirmation in substantially the following form: “Do you swear or affirm that the evidence you are about to give will be the truth, the whole truth, and nothing but the truth?” The witness’s answer shall be noted in the record.
(2) In the court’s discretion, a child may testify without taking the oath if the court determines the child understands the duty to tell the truth or the duty not to lie.
The Promise to Be Truthful: This statute requires every witness to make a formal declaration that they will testify truthfully before they can give evidence. This serves two primary functions: it impresses upon the witness the serious and solemn duty to be honest, and it establishes the legal foundation for a perjury charge if the witness intentionally lies.
The rule provides flexibility, allowing a witness to either "swear" (an oath, often with a religious connotation) or "affirm" (a solemn promise without religious reference).
Exception for Children: The rule recognizes that very young children may not understand the abstract concept of a formal oath. Therefore, it gives the judge discretion to allow a child to testify without the oath, but only if the judge first determines that the child understands the basic duty to tell the truth and not to lie. The focus is on the child's moral and cognitive understanding rather than their ability to recite formal words.
