US Lawyer Database

§ 5305. Nonresidents in legal proceedings.

§ 5305. Nonresidents in legal proceedings. In all legal proceedings in this State, wherein an oath or affidavit is required to be made by any person not residing in this State, such oath or affidavit may be administered and certified in the same manner and by the same persons as the laws of this State […]

§ 5403. Construction and interpretation of laws [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.].

§ 5403. Construction and interpretation of laws [See Evans v. State, 872 A.2d 539 (Del. 2005) concerning unconstitutionality of this section.]. (a) Delaware judicial officers may not create or amend statutes, nor second-guess the soundness of public policy or wisdom of the General Assembly in passing statutes, nor may they interpret or construe statutes and […]

§ 5321. Method of administering.

§ 5321. Method of administering. The usual oath in this State shall be by swearing upon the Holy Evangels of Almighty God. The person to whom an oath is administered shall lay his or her right hand upon the book. Code 1852, § 2359;  Code 1915, § 4245;  Code 1935, § 4715;  10 Del. C. […]

§ 5322. Uplifted hand.

§ 5322. Uplifted hand. A person may be permitted to swear with the uplifted hand; that is to say, a person shall lift up his or her right hand and swear by the ever living God, the searcher of all hearts, that etc., and at the end of the oath shall say, “as I shall […]

§ 5323. Affirmation.

§ 5323. Affirmation. A person conscientiously scrupulous of taking an oath may be permitted, instead of swearing, solemnly, sincerely and truly to declare and affirm to the truth of the matters to be testified. Code 1852, § 2361;  Code 1915, § 4248;  Code 1935, § 4718;  10 Del. C. 1953, § 5323; 

§ 5324. Non-Christians.

§ 5324. Non-Christians. A person believing in any other than the Christian religion, may be sworn according to the peculiar ceremonies of such person’s religion, if there be any such. Code 1852, § 2362;  Code 1915, § 4249;  Code 1935, § 4719;  10 Del. C. 1953, § 5324;  70 Del. Laws, c. 186, § 1; 

§ 5351. Short title.

§ 5351. Short title. This chapter may be cited as the “Delaware Uniform Unsworn Foreign Declarations Act.” 77 Del. Laws, c. 332, § 1; 

§ 5352. Definitions.

§ 5352. Definitions. In this chapter: (1) “Boundaries of the United States” means the geographic boundaries of the United States, Puerto Rico, the United States Virgin Islands, and any territory or insular possession subject to the jurisdiction of the United States. (2) “Law” includes the federal or a state constitution, a federal or state statute, […]

§ 5353. Applicability.

§ 5353. Applicability. This chapter applies to an unsworn declaration by a declarant who at the time of making the declaration is physically located outside the boundaries of the United States whether or not the location is subject to the jurisdiction of the United States. This chapter does not apply to a declaration by a […]

§ 5354. Validity of unsworn declaration.

§ 5354. Validity of unsworn declaration. (a) Except as otherwise provided in subsection (b) of this section, if a law of this State requires or permits use of a sworn declaration, an unsworn declaration meeting the requirements of this chapter has the same effect as a sworn declaration. (b) This chapter does not apply to: […]