Maxim 9.2.13
In law, none is credited unless he is sworn. All facts must, when established by witnesses, be under oath or affirmation.
Source: Cro. Car. 64; Bouv. 130; Weisman, 84h
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) No testimony is credited in legal proceedings unless given under oath or affirmation; unsworn declarations are not evidence and cannot establish any fact before the court.
Where this applies
- A neighbor tells the judge informally in the hallway that she saw the accident, but she never takes the stand or swears an oath — her statement can't be treated as evidence.
- A party submits a written statement from a friend supporting her claim, but the friend never signed it under oath — the unsworn statement has no evidentiary value.
- During a hearing, a spectator shouts out that the defendant is lying, but spectators aren't sworn witnesses — the court disregards the outburst entirely.
Legal domains
Cite this maxim
NeCede Max. 9.2.13 — In law, none is credited unless he is sworn. All facts must, when established by witnesses, be under oath or affirmation. — Cro. Car. 64; Bouv. 130; Weisman, 84h
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