§ Rule 603. Oath or affirmation

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Rule 603. Oath or affirmation

Before testifying, every witness shall be required to declare that the witness will testify truthfully, by oath or affirmation administered in a form calculated to awaken the witness' conscience and impress the witness' mind with the duty to do so.

Comment: This rule is identical to F.R.E. 603, which was designed to be flexible enough to cover persons with any or no religious beliefs, persons with mental defects, and children. F.R.E. 603 advisory committee notes. The rule is consistent with Pennsylvania law. See Dunsmore v. Dunsmore, 309 Pa. Super. 503, 455 A.2d 723 (1983) (holding that it was error to allow a witness to testify without oath or affirmation); Commonwealth ex rel. Freeman v. Superintendent, 212 Pa. Super. 422, 242 A.2d 903 (1968) (same). Pennsylvania law requires both the mentally impaired and children to understand the obligation to tell the truth. See Commonwealth v. Mazzoccoli, 475 Pa. 408, 380 A.2d 786 (1977); Commonwealth v. Kosh, 305 Pa. 146, 157 A. 479 (1931).

Pa.R.E. 603 is also consistent with 42 Pa.C.S.A. § 5901. Although § 5901 provides that every witness “shall take an oath in the usual or common form by laying the hand upon an open copy of the Holy Bible or by lifting up the right hand and pronouncing or assenting to” a specific incantation set forth in the statute, it also permits affirmation by a witness who desires to do so. See also42 Pa.C.S.A. § 5902 (providing that a person's capacity to testify “shall not be affected by his opinions on matters of religion” and that no witness shall be questioned “concerning his religious beliefs”). Religious belief as a ground for impeachment is treated in Pa.R.E. 610.