Florida Statutes

Fla. Stat. § 90.605 (2025)

Oath or affirmation of witness.

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90.605 Oath or affirmation of witness.—

(1) Before testifying, each witness shall declare that he or she will testify truthfully, by taking an oath or affirmation in substantially the following form: “Do you swear or affirm that the evidence you are about to give will be the truth, the whole truth, and nothing but the truth?” The witness’s answer shall be noted in the record.

(2) In the court’s discretion, a child may testify without taking the oath if the court determines the child understands the duty to tell the truth or the duty not to lie.

History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 3, ch. 85-53; s. 484, ch. 95-147.

Notes of Decisions

Cited in 25 cases (1 in the last 5 years), 1978–2026 · leading case: Griffin v. State, 526 So. 2d 752 (Fla. 1st DCA 1988).

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Griffin v. State, 526 So. 2d 752 (Fla. 1st DCA 1988). · cites it 8× “1957); § 90.605(2), Fla. Stat. (1985). The Second District ruled that it did not need to reach the question whether the trial court erred in finding the child competent to testify, observing, however, that some jurisdictions have held that the child's competency as a witness "is…”

Pena v. Rodriguez, 273 So. 3d 237 (Fla. 3d DCA 2019). · cites it 2× “STANDARD OF REVIEW A “trial court has broad discretion in child custody matters, and its decision in that regard is [typically] reviewed for an abuse of discretion.”

State v. Ford, 626 So. 2d 1338 (Fla. 1993). · cites it 4× “" § 90.605(2), Fla. Stat. (1989). In the instant case, the child witness was not given an oath before giving her testimony, nor was there any inquiry to determine if the child knew the importance of telling the truth at the time of the videotaped testimony.”

Dickie v. State, 216 So. 3d 35 (Fla. 2d DCA 2017). · cites it 3× “We also note that section 90.605(1), Florida Statutes (2015), imposes an oath requirement on testifying witnesses at trial.”

Seccia v. State, 689 So. 2d 354 (Fla. 1st DCA 1997). · cites it 5× “§ 90.605(2), Fla. Stat. (1985); Lloyd v. State, 524 So.”

Murphy v. State, 667 So. 2d 375 (Fla. 1st DCA 1995). · cites it 6× “§ 90.605, Fla. Stat. (1993). Although attorneys are "officer[s] of the court subject to disciplinary action for deceiving a judge by a false statement, .”

Willis v. Gami Golden Glades, LLC., 967 So. 2d 846 (Fla. 2007). “Further, section 90.605 of the Florida Evidence Code operates to guard against giving false testimony in a court proceeding by requiring that each witness "declare that he or she will testify truthfully," and by mandating that each witness take an oath or affirmation to this…”

Willis v. Romano, 972 So. 2d 294 (Fla. 5th DCA 2008). · cites it 11× “865 (1928) and § 90.605, Fla. Stat.). Section 90.605, Florida Statutes, requires that each witness take an oath before giving testimony.”

Glendening v. State, 503 So. 2d 335 (Fla. 2d DCA 1987). · cites it 2× “See § 90.605(2), Fla. Stat. (1985). It is difficult to see how appellant can rely on Jennifer's testimony to demonstrate unreliability when he caused the video tape to be replayed as part of his own case.”

Wade v. State, 586 So. 2d 1200 (Fla. 1st DCA 1991). · cites it 2× “at 754 (citing section 90.605(2), Florida Statutes (1985)).”

Houck v. State, 421 So. 2d 1113 (Fla. 1st DCA 1982). · cites it 2× “Section 90.605, Florida Statutes (1981), requires that " each witness shall declare that he will testify truthfully, by taking an oath or affirmation.”

Harrell v. State, 689 So. 2d 400 (Fla. 3d DCA 1997). · cites it 2× “[3] See § 90.605, Fla. Stat. (1995); Fed.R.Evid. 603.”

Show all 25 citing cases →

— 90.605(1) — 6 cases

Pena v. Rodriguez, 273 So. 3d 237 (Fla. 3d DCA 2019). “STANDARD OF REVIEW A “trial court has broad discretion in child custody matters, and its decision in that regard is [typically] reviewed for an abuse of discretion.”

Dickie v. State, 216 So. 3d 35 (Fla. 2d DCA 2017). “We also note that section 90.605(1), Florida Statutes (2015), imposes an oath requirement on testifying witnesses at trial.”

Winters v. Florida Bd. of Regents, 834 So. 2d 243 (Fla. 2d DCA 2002).

Willis v. Romano, 972 So. 2d 294 (Fla. 5th DCA 2008). “865 (1928) and § 90.605, Fla. Stat.). Section 90.605, Florida Statutes, requires that each witness take an oath before giving testimony.”

Sandra Katherine Smith-Fullerton v. David Miles Fullerton (Fla. 5th DCA 2026).

— 90.605(2) — 13 cases

Griffin v. State, 526 So. 2d 752 (Fla. 1st DCA 1988). “1957); § 90.605(2), Fla. Stat. (1985). The Second District ruled that it did not need to reach the question whether the trial court erred in finding the child competent to testify, observing, however, that some jurisdictions have held that the child's competency as a witness "is…”

State v. Ford, 626 So. 2d 1338 (Fla. 1993). “" § 90.605(2), Fla. Stat. (1989). In the instant case, the child witness was not given an oath before giving her testimony, nor was there any inquiry to determine if the child knew the importance of telling the truth at the time of the videotaped testimony.”

Seccia v. State, 689 So. 2d 354 (Fla. 1st DCA 1997). “§ 90.605(2), Fla. Stat. (1985); Lloyd v. State, 524 So.”

Glendening v. State, 503 So. 2d 335 (Fla. 2d DCA 1987). “See § 90.605(2), Fla. Stat. (1985). It is difficult to see how appellant can rely on Jennifer's testimony to demonstrate unreliability when he caused the video tape to be replayed as part of his own case.”

Wade v. State, 586 So. 2d 1200 (Fla. 1st DCA 1991). “at 754 (citing section 90.605(2), Florida Statutes (1985)).”

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