IF the witness was unwilling to take the oath, he would not be allowed to testify. The judge cannot allow a person to take the stand unless the witness has sworn/affirmed his willingness to tell the truth. Yes, it is true you do not need to "swear", but an oath has been changed over the years to avoid freedom of religion issues. All that has to happen these days is that the oath awakens in the witness the responsibility to tell the truth.
But again, if the witness refuses to take an oath, he cannot be allowed to testify.
2006-07-02 05:47:10
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answer #1
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answered by word_man7 3
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The witness must swear, or affirm to tell the truth. Most courts will substitute the word swear for affirm. However the oath must be taken in order for the witness testimony to be admitted. If a witness refuses to take the oath the witness will be held in contempt of court.
2006-07-02 12:44:36
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answer #2
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answered by charleyit 5
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be held in contempt or if not ordered to the court like a witness, nothing, the prosecutor would try and compel you, but he cant make you. remember mob witnesses that were scared and wouldnt testify. same thing, but if you lie on the stand you perjur yourself and jail time.
2006-07-02 12:43:41
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answer #3
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answered by futurehero5200 5
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Your testimony will not be admitted unless you are under oath to tell the truth, the whole truth, and nothing BUT the truth.
2006-07-02 12:42:00
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answer #4
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answered by CV59StormVet 5
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The judge would most likely hold you in contempt of court and keep you in custody until you were willing to be sworn in.
2006-07-02 16:32:15
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answer #5
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answered by Carl 7
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Witnes need not swear on the Bible, only affirm that they will tell the truth should it be a religious issue about swearing.
2006-07-02 12:42:01
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answer #6
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answered by Cullen M 2
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the judge will tell the jury to use their discretion when considering this witnesses testimony since they will swear to tell the truth
2006-07-02 12:42:17
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answer #7
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answered by kindfirez 3
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Your testimony would be thrown out. If you lied under oath it would be perjury and contempt of court and you could go to jail.
2006-07-02 12:42:07
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answer #8
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answered by deputy0216 2
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Unless you are the defendant and plead the fifth amendment, it would be contempt of court. You could be fined or jailed.
2006-07-02 12:43:02
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answer #9
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answered by snoweagleltd 4
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I'm pretty sure your testimony would not be considered...
2006-07-02 12:42:09
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answer #10
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answered by jake78745 5
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