Oath of Witnesses

  1. Law
  2. Georgia Code
  3. Courts
  4. Juries
  5. Grand Juries
  6. General Provisions
  7. Oath of Witnesses

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  1. The following oath shall be administered to all witnesses in criminal cases before the grand jury:

    "Do you solemnly swear or affirm that the evidence you shall give the grand jury on this bill of indictment or presentment shall be the truth, the whole truth, and nothing but the truth? So help you God."

  2. Any oath given that substantially complies with the language in this Code section shall subject the witness to the provisions of Code Section 16-10-70.

(Cobb's 1851 Digest, p. 836; Code 1863, § 4538; Code 1868, § 4558; Code 1873, § 4652; Code 1882, § 4652; Penal Code 1895, § 834; Penal Code 1910, § 838; Code 1933, § 59-211; Ga. L. 1997, p. 1499, § 1; Ga. L. 2010, p. 862, § 1/SB 313.)

OPINIONS OF THE ATTORNEY GENERAL

Perjury.

- Witness who appears before a grand jury without knowledge of the name of the accused or the specific offense charged in the bill of indictment and who is not administered the statutory oath is not subject to penalties or perjury for falsely testifying before such grand jury. 1987 Op. Att'y Gen. No. U87-20.

RESEARCH REFERENCES

Am. Jur. 2d.

- 38 Am. Jur. 2d, Grand Jury, § 55.

C.J.S.

- 38A C.J.S., Grand Juries, §§ 56, 57, 58.

ALR.

- Failure to swear or irregularity in swearing witnesses appearing before grand jury as ground for dismissal of indictment, 23 A.L.R.4th 154.


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