§ 90.605, Fla. Stat. — Oath or Affirmation of a Witness
Plain English
Before anyone testifies, they have to commit to telling the truth — by oath or affirmation, in substantially this 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 answer goes on the record. Florida allows an affirmation (a secular promise) for those who don’t wish to swear, and gives the court discretion to let a child testify without the formal oath if the child understands the duty to tell the truth, or the duty not to lie.
From the Courtroom
The oath is more than ceremony — it’s the hook for a perjury charge and a quiet signal to the witness that the rules just changed. With child witnesses, the smart move is the simple version: “Do you know the difference between the truth and a lie? Do you promise to tell the truth?” 90.605(2) is built for exactly that.
Key Points & Authority
- § 90.605(1), Fla. Stat. — Each witness must declare they will testify truthfully by oath or affirmation in substantially the statutory form, noted in the record.
- § 90.605(2): a child may testify without the oath if the court finds the child understands the duty to tell the truth or not to lie.
- Federal parallel: Fed. R. Evid. 603.
Federal Parallel
The federal counterpart is Fed. R. Evid. 603 — the oath-or-affirmation requirement designed to impress on the witness the duty to testify truthfully.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(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.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.605 requires each witness to declare, by oath or affirmation in substantially the statutory form, that they will testify truthfully; a child may testify without the oath if the court finds the child understands the duty to tell the truth.