what does it mean when defendants oaths are expressly waived by plaintiff?

Question

I am currently answering complaints made by adjoining property owner without counsel and do not understand this portion. What reason can he give that would justify this? Without an attorney how can I give answers to the accusations made.

Answer 1

Your question doesn't make sense. All the more reason you should consult an attorney, who will know what state law we are talking about, and will be able to see the complaint.

Edited to add: Wow. Gunny's not just wrong, but really wrong. 28 USC 753 has nothing to do with "defendant's oaths", but has to do with the oath that a court reporter takes. Fed. R. Evid. 603 doesn't answer the question about the waiver of oath either. The forty year old case probably isn't relevant: this sounds like a local property dispute where a complaint has been filed, so the federal law that Gunny is citing probably doesn't even begin to apply. The person who is asking the question has a serious legal problem and needs serious legal advice, and Gunny is not only leading her down the wrong path, but telling the asker to ignore the correct advice.

Answer 2

Try this cite:
28 U.S.C. § 753(a); waiver of oath . . . Wilcoxon v. United States, 231 F.2d 384 (10th Cir. 1956); witness - required to take oath . . . Fed. R. Evid. 603 ...

That will get you there... (don't trust Augustus)