Delaware Code

10 Del. C. § 5323 (2026)

Affirmation

✓ current as of May 2026
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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; 
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 1968–2025 · leading case: Rocker v. State, 240 A.2d 141 (Del. 1968).
Rocker v. State, 240 A.2d 141 (Del. 1968). “” Witnesses having conscientious scruples against taking an oath are permitted by 10 Del.C. § 5323 to declare and affirm. Finally, by’ 10 Del.”
Hill, Luciana v. Diego Gonzalez (Del. 2025). · cites it 2× “6 Mother’s religious beliefs did not exempt her from this requirement because “[w]itnesses having conscientious scruples against taking an oath are permitted by 10 Del. C. § 5323 to declare and affirm.” 7 Given Mother’s refusal to affirm the truthfulness of her testimony, there…”
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