Any person before whom a witness is to be examined may administer an oath to such witness. In addition, a clerk or deputy clerk may administer an oath to a witness in the presence and at the direction of a judge before whom the witness is to be examined.
§ 8.01-405.Who may administer oath to witness.
Chapter 14. Evidence · Article 4. Witnesses Generally · Last amended 1984 · Last verified July 16, 2026
In one sentenceThis short section authorizes any person before whom a witness is to be examined to administer the oath to that witness, and it separately permits a clerk or deputy clerk to administer the oath when acting in the presence of, and at the direction of, the judge before whom the witness will testify.
Full Text of § 8.01-405
Plain-English Summary
Before a witness’s words carry legal weight, someone has to put the witness under oath. Section 8.01-405 keeps that step simple: any person before whom a witness is to be examined — a judge, a notary taking a deposition, a commissioner, or similar officer — may administer the oath.
It also adds a practical option for courtroom settings. A clerk or deputy clerk can administer the oath to a witness, but only in the presence of, and at the direction of, the judge before whom the witness is to be examined. That limitation keeps the judge in control of the proceeding while letting court staff handle the mechanical step of swearing in a witness.
Frequently Asked Questions
Who is allowed to administer an oath to a witness in Virginia?
Any person before whom a witness is to be examined may administer an oath to that witness.
Can a court clerk swear in a witness during a trial?
Yes, a clerk or deputy clerk may administer an oath to a witness, but only in the presence and at the direction of the judge before whom the witness is to be examined.
Does this section apply to depositions as well as courtroom testimony?
Yes, it applies broadly to any person before whom a witness is examined, which includes officers such as notaries taking depositions.
Can a deputy clerk swear in a witness without the judge present?
No, the clerk or deputy clerk option requires the judge’s presence and direction.
Does the statute limit who can be examined under oath in this manner?
No, it addresses who may administer the oath, not who may be examined as a witness.
Amendment History
Code 1950, § 8-294; 1977, c. 617; 1984, c. 536.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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