Rule 2:603.OATH OR AFFIRMATION.
Part Two: Virginia Rules of Evidence · Last amended 2021 · Last verified July 16, 2026
Full Text of Rule 2:603
Plain-English Summary
Rule 2:603 is short but foundational: no witness testifies without first swearing or affirming to tell the truth. The oath or affirmation is not a formality performed for its own sake — the rule specifies the standard it must meet, requiring a form calculated to awaken the conscience and impress the mind of the witness with the duty to testify truthfully.
By phrasing the requirement functionally rather than prescribing exact words, the rule leaves room for different phrasings — a religious oath, a secular affirmation, or language adapted for a child or a witness with a disability — as long as whatever form is used accomplishes the rule’s purpose of impressing the witness with the seriousness of testifying truthfully.
The requirement applies to every witness alike, with no exception carved out in the text. It sits at the threshold of every witness examination, before questioning about the substance of the case begins.
Frequently Asked Questions
Does every witness in a Virginia trial have to take an oath before testifying?
Yes. Rule 2:603 requires every witness to declare, by oath or affirmation, that he or she will testify truthfully before testifying.
Does the oath have to use specific religious language?
No. Rule 2:603 does not prescribe particular words; it requires only a form calculated to awaken the conscience and impress the mind of the witness with the duty to testify truthfully, which allows for secular affirmations.
What is the purpose of requiring an oath or affirmation?
To impress upon the witness, before any testimony is given, the duty to testify truthfully — the standard Rule 2:603 sets for whatever form of oath or affirmation is used.
Can a witness affirm rather than swear an oath?
Yes. Rule 2:603 treats an affirmation as an equal alternative to an oath, so long as it is administered in a form that meets the rule’s standard.
When must the oath or affirmation happen relative to a witness’s testimony?
Before testifying. Rule 2:603 requires the oath or affirmation to occur before the witness gives any testimony.
Amendment History
Adopted and promulgated by Order dated June 1, 2012; effective July 1, 2012. Last amended by Order dated November 13, 2020; effective July 1, 2021.