The Vermont Statutes Online

Title 12: Court Procedure

Chapter 211: Oaths

• Subchapter 001: FORMS OF OATHS

• § 5801. Forms of oaths prescribed

  The forms set out in this chapter shall be the forms of oaths to be administered to officers and persons as hereinafter mentioned.

• § 5802. Oath to be administered to grand jury

  You solemnly swear that you will diligently inquire and true presentment make of all such matters and things as shall come to your knowledge, according to your charge. The counsel of the State, your own counsel, and that of your fellows, you shall keep secret. You will present no man for envy, hatred, or malice; neither will you leave any person unpresented for love, fear, favor, affection, or hope of reward; but you will present things truly as they come to your knowledge, to the best of your understanding, according to the laws of this State. So help you God.

• § 5803. Oath to be administered to petit jurors impaneled to try civil causes in Superior Courts

  You solemnly swear that you will well and truly try each and every issue which may be given you in charge during the present term of this court, agreeably to the evidence given you in court, and the laws of this State, and true verdicts give; your own counsel and that of your fellows you will duly observe and keep; you will say nothing to any person about the business and matters you may at any time have in charge, but to your fellow jurors, nor will you suffer any one to speak to you about the same but in court; and when you have agreed on a verdict, you will keep it secret until you deliver it in court. So help you God.

• § 5804. Oath to be administered to petit jurors in criminal causes

  You solemnly swear or affirm that, without respect to persons or favor of any person, you will well and truly try and true deliverance make, between the State of Vermont and the defendant, whom you shall have in charge, according to the evidence given you in court and the laws of the State. So help you God, or under the penalty of perjury pursuant to the laws of the State of Vermont. (Amended 2023, No. 46, § 10, eff. June 5, 2023.)

• § 5805. Repealed. 2009, No. 154 (Adj. Sess.), § 238.

• § 5806. Oath to be administered to officer attending grand jury

  You solemnly swear that, as officer of the grand jury, you will keep their counsel and that of the State, and that you will not disclose anything relative to their proceedings. So help you God.

• § 5807. Oath to be administered to officer taking charge of jury in Superior Court

  You solemnly swear that, during the present term of this court, when you take charge of the jury impaneled for the trial of any cause, you will, after they have been charged by the court, keep them together in some suitable place; that you will suffer no person to speak to them upon the matters submitted to their charge until they are agreed, nor will you speak to them yourself about the same, but in court, or to ask them whether they are agreed; and that you will not, in any cause, disclose the verdict of the jury or any conversation they may have respecting the cause they may have in charge, until they have delivered up their verdict in court, or been released from their charge by order of court. So help you God.

• § 5808. Oath to be administered to officer taking charge of jury in criminal cause, during a recess of the court

  You solemnly swear that you will keep together the persons composing this jury during any recess of the court, until they return into court, and that, in the meantime, you will suffer no person to speak to them, or speak to them yourself, concerning the cause on trial or any matter thereto relating. So help you God.

• § 5809. Repealed. 2009, No. 154 (Adj. Sess.), § 238.

• § 5810. Oath to be administered to witnesses

  You solemnly swear that the evidence you shall give, relative to the cause now under consideration, shall be the whole truth and nothing but the truth. So help you God.

• § 5811. Oath to be administered to interpreter of testimony

  You solemnly swear that you will justly, truly, and impartially interpret to A. B. the oath about to be administered to him or her, and the testimony he or she shall give relative to the cause now under consideration. So help you God.

• § 5812. Oath to be administered to attorneys

  You solemnly swear (affirm) that you will do no falsehood, nor consent that any be done in court, and if you know of any, you will give knowledge thereof to the judges of the court or some of them, that it may be reformed; that you will not wittingly, willingly, or knowingly promote, sue, or procure to be sued, any false or unlawful suit, or give aid or consent to the same; that you will delay no person for lucre or malice, but will act in the office of attorney within the court, according to your best learning and discretion, with all good fidelity as well to the court as to your client. So help you God (or, “under the pains and penalties of perjury”). (Amended 2019, No. 167 (Adj. Sess.), § 11, eff. October 7, 2020.)

• § 5813. Oath to be administered to officials, committees, etc

  The form of oath to be administered to persons appointed in pursuance of the provisions of law, to perform any duty or execute any office, commission, or trust whatever, where an oath is required, and a specific form is not provided, shall be as follows:

  You solemnly swear that you will faithfully execute the office (duty or trust) of ......................... to the best of your judgment and abilities, according to law. So help you God.

  Or, when the person to be sworn produces to the magistrate a warrant of appointment, commission, or other certificate, the oath may be thus:

  You solemnly swear that you will faithfully execute the duties assigned you by this warrant (commission, rule, or other certificate of appointment,) (as the case may be) to the best of your judgment and abilities, according to law. So help you God.

• Subchapter 002: ADMINISTRATION OF OATHS

• § 5851. Affirmation

  In the administration of an oath, the word “swear” may be omitted, and the word “affirm” substituted, when the person to whom the obligation is administered is religiously scrupulous of swearing, or taking an oath in the prescribed form; and, in such case, the words “so help you God” may be omitted, and the words “under the pains and penalties of perjury” substituted; and a person so affirming shall be considered, for every legal purpose of privilege, qualification, or liability, as having been duly sworn.

• § 5852. Oaths of office; by whom administered

  When other provision is not made by law, oaths of office may be administered by any Justice of the Supreme Court, Superior judge, assistant judge, justice of the peace, notary public, or the presiding officer, secretary, or clerk of either house of the General Assembly, or by the Governor. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1971, No. 185 (Adj. Sess.), § 169, eff. March 29, 1972; 1991, No. 22; 2009, No. 154 (Adj. Sess.), § 88.)

• § 5853. By clerks of courts, referees, etc

  Clerks and registers of courts, committees of the General Assembly, and referees, auditors, commissioners, special masters, and committees appointed by a court of law may administer oaths necessary to be taken for the establishment of truth or the furtherance of justice in any matter coming before such court, board, or commission for investigation.

• § 5854. Oaths, administering by court clerks, justices, notaries, etc.; certification

  The Clerk of the Supreme Court, county clerks, justices of the peace, judges and registers of probate, judges and clerks of the Criminal Division of the Superior Court, notaries public and masters appointed by a Superior Court under an order of referee may administer oaths in all cases where an oath is required, unless a different provision is expressly made by law; and a notary public need not affix his or her official seal to a certificate of an oath administered by him or her. County clerks and clerks of the Criminal Division of the Superior Court may certify the oaths administered by them under the seal of the court. (Amended 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 1971, No. 185 (Adj. Sess.), § 170, eff. March 29, 1972; 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2009, No. 154 (Adj. Sess.), § 238.)

• § 5855. Oaths and acknowledgments by members of the U.S. Armed Forces

  Whenever an oath of office, oath to an affidavit, deposition, or other written instrument or an acknowledgment of a deed, lease, conveyance, release, or other written instrument is required for use in or in connection with any matter pending in this State, such oaths may be taken before any officer of the U.S. Armed Forces of the rank of captain or rank superior thereto of the Army or equivalent rank in the other branches of service or by a person authorized by law where such oath or acknowledgment is to be taken to administer oaths and the officer or person who administers such oath or takes such acknowledgment shall state such fact thereunder over his or her signature and rank or title.

• § 5856. Storage of judicial oaths

  The Vermont Supreme Court shall adopt a rule which establishes a procedure for the storage of judicial oaths. (Added 1997, No. 121 (Adj. Sess.), § 37.)