Pa. Cons. Stat. » 42 Pa. Cons. Stat. (JUDICIARY) / Chapter 59
Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 5901 (2026)

  Judicial oath.

✓ current as of May 2026
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CHAPTER 59

DEPOSITIONS AND WITNESSES

 

Subchapter

A.  Witnesses Generally

B.  Securing Attendance of Witnesses in Criminal Proceedings

C.  Rendition of Prisoners as Witnesses in Criminal Proceedings

D.  Child Victims and Witnesses

E.  Victims and Witnesses with Intellectual Disabilities or Autism

 

Enactment.  Chapter 59 was added July 9, 1976, P.L.586, No.142, effective 60 days from the date of final enactment of the act of April 28, 1978, P.L.202, No.53.

Cross References.  Chapter 59 is referred to in section 5337 of this title.

 

 

SUBCHAPTER A

WITNESSES GENERALLY

 

Sec.

5901.  Judicial oath.

5902.  Effect of religious beliefs.

5903.  Compensation and expenses of witnesses.

5904.  Subpoena of witnesses.

5905.  Subpoenas.

 

CRIMINAL PROCEEDINGS

 

5911.  Competency of witnesses generally.

5912.  Effect of prior convictions.

5913.  Spouses as witnesses against each other.

5914.  Confidential communications between spouses.

5915.  Testimony by spouse in rebuttal.

5916.  Confidential communications to attorney.

5917.  Notes of evidence at former trial.

5918.  Examination of defendant as to other offenses.

5919.  Depositions in criminal matters.

5920.  Expert testimony in certain criminal proceedings.

 

CIVIL MATTERS

 

5921.  Interest not to disqualify.

5922.  Disqualification by perjury.

5923.  Confidential communications between spouses.

5924.  Spouses as witnesses against each other.

5925.  Testimony by married person against spouse in rebuttal.

5926.  Testimony by spouse after attack on character or conduct.

5927.  Actions by spouse to recover separate property.

5928.  Confidential communications to attorney.

5929.  Physicians not to disclose information.

5930.  Surviving party as witness, in case of death, mental incapacity, etc.

5931.  Incompetent witnesses.

5932.  Witness competent to testify against interest; to become competent upon release of interest.

5933.  Competency of surviving party.

5934.  Notes of evidence at former trial.

5935.  Examination of person adversely interested.

5936.  Medical testimony by deposition.

 

CERTAIN PRIVILEGES AND IMMUNITIES

 

5941.  Persons who may be compelled to testify.

5942.  Confidential communications to news reporters.

5943.  Confidential communications to clergymen.

5944.  Confidential communications to psychiatrists or licensed psychologists.

5945.  Confidential communications to school personnel.

5945.1. Confidential communications with sexual assault counselors.

5945.2. Confidential communications to crime stopper or similar anticrime program.

5945.3. Confidential communications with human trafficking caseworkers.

5946.  Competency of certain witnesses where political subdivision is a party.

5947.  Immunity of witnesses.

5948.  Confidential communications to qualified professionals.

5949.  Confidential mediation communications and documents.

5950.  Confidential communications involving law enforcement officers.

5951.  Confidential communications involving public safety responders and corrections officers.

5952.  Confidential communications to peer support members.

§ 5901.  Judicial oath.

(a)  General rule.--Every witness, before giving any testimony 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 the following words: "I, A. B., do swear by Almighty God, the searcher of all hearts, that I will       , and that as I shall answer to God at the last great day." Which oath so taken by persons who conscientiously refuse to take an oath in the common form shall be deemed and taken in law to have the same effect as an oath taken in common form.

(b)  Right to affirm.--The affirmation may be administered in any judicial proceeding instead of the oath, and shall have the same effect and consequences, and any witness who desires to affirm shall be permitted to do so.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1997–2025 · leading case: Jackson v. Indiana Univ. of Pennsylvania, 695 A.2d 980 (Pa. Commw. Ct. 1997).
Sort: Relevance Newest Treatment
Jackson v. Indiana Univ. of Pennsylvania, 695 A.2d 980 (Pa. Commw. Ct. 1997). “Accordingly, the unsworn testimony relied upon by the Judicial Board, and the Director of Housing and Residence Life in upholding the Judicial Board’s decision, was inherently unreliable resulting in a violation of the due process guarantees mandated by the board’s regulations.”
City of Philadelphia v. White, 727 A.2d 627 (Pa. Commw. Ct. 1999). “White contends that this was in violation of 42 Pa.C.S. § 5901 which states “that every witness, before giving testimony shall take an oath in the usual or common form.”
Com. v. Harrison, P. (Pa. Super. Ct. 2018). · cites it 2× “Section 5902(b) provides: ____________________________________________ 2 42 Pa.C.S. § 5901 provides: (a) General rule.”
Com. v. Gottwalt, D. (Pa. Super. Ct. 2025). · cites it 2× “receiving] what 42 Pa.C.S. § 5901 sets forth as a proper oath or oath of affirmation.”
Tankersly, J. v. Lomax, N. (Pa. Super. Ct. 2023). “603; 42 Pa.C.S. § 5901. However, the record belies Father’s characterization of the trial court’s response to Father’s refusal to swear an oath.”
42 Pa. Cons. Stat. § 5901(a): 1 case
Com. v. Gottwalt, D. (Pa. Super. Ct. 2025). “receiving] what 42 Pa.C.S. § 5901 sets forth as a proper oath or oath of affirmation.”
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