Q: Just a simple question: Isn't Oath Taking mandatory? Meaning, no matter what the case, what jurisdiction, etc...?
It's a simple question, if you don't read anything more into it. Aren't Plaintiff's and Defendant's always under oath before a case proceeds? Im just wondering why there wasn't any Oath Taking before I presented my Claim and Delivery case, nor was the Defendant placed under oath. My point being; my case wasn't judicially handled with a sense of importance. It shouldn't matter if it's a Preconference Hearing, Discovery, a Motion, etc. ..
A:
"...if you don't read anything more into it". In the law, there is always more to read into it.
Taking an oath is required before offering testimony to the court. Not everything said in court is testimony. It matters very much whether we are talking a pretrial conference or an actual trial.
Anyone who was not there or who has not read the transcript of the proceeding can say whether what was said or done is appropriate. You have every right to feel that your case wasn't handled appropriately by the judge, and if that's the case, there are legal ways to address that.
A: Unless a witness is giving testimony at trial, court proceedings are generally NOT under oath. They are transcribed, and lawyers have an ethical duty to tell the truth in all court hearings. In sum, if it's a pre-trial conference, settlement conference, motion or other non-trial hearing, generally, nobody is sworn in and the statements made are NOT under oath.
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