Va. Code » Title 49. Oaths, Affirmations and Bonds » Chapter 1. Oaths and Affirmations
Virginia Code

Va. Code Ann. § 49-1 (2026)

Form of general oath required of officers

✓ current as of May 2026
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Every person before entering upon the discharge of any function as an officer of this Commonwealth shall take and subscribe the following oath: "I do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the Commonwealth of Virginia, and that I will faithfully and impartially discharge all the duties incumbent upon me as ____________________ according to the best of my ability, (so help me God)."

Any person reappointed to any office filled by gubernatorial appointment for a subsequent term to begin immediately upon expiration of an existing term shall not be required to renew the oath set out in this section; however, the original oath taken shall continue in effect with respect to the subsequent term.

Const., § 34; Code 1919, § 269; 1936, p. 49; 1971, Ex. Sess., c. 16; 1980, c. 320; 1988, c. 255.

Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1952–2026 · leading case: State v. Brandon B., 624 S.E.2d 761 (W. Va. 2005).
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State v. Brandon B., 624 S.E.2d 761 (W. Va. 2005). “Va.Code § 49-1 — 1(d) (1999) (Repl.Vol.2004).”
Bobby Bland v. B. Roberts, 730 F.3d 368 (4th Cir. 2013). “See Va. Code Ann. § 49-1 ; Thore v. Chesterfield Cnty.”
Clinchfield Coal Co. v. Robbins, 541 S.E.2d 289 (Va. 2001). · cites it 2× “In September 1999, each member took the oath prescribed by Code § 49-1, the same oath required of “[ejvery person before entering upon the discharge of any function as an officer of this Commonwealth.”
Burnett v. Brown, 72 S.E.2d 394 (Va. 1952). “” The General Assembly has provided in Code section 15-475 that “Every county and district officer elected by the people, * * * unless otherwise provided by law, * shall, on or before the day on which his term of office begins, qualify by taking the oath prescribed by § 49-1 and…”
Herbert W. Lux, s/k/a Herbert W. Lux, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2013). · cites it 6× “However, appellant contended that Judge Shaw lacked authority to preside over his trial because he had not retaken the required oath of office, pursuant to Code § 49-1, after being designated by the Chief Justice to assume judicial duties in the circuit.”
Herbert W. Lux, s/k/a Herbert W. Lux, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2013). · cites it 6× “However, appellant contended that Judge Shaw lacked authority to preside over his trial because he had not retaken the required oath of office, pursuant to Code § 49-1, after being designated by the Chief Justice to assume judicial duties in the circuit.”
Herbert W. Lux, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2013). · cites it 4× “However, appellant contended that Judge Shadrick lacked authority to preside over his trial because he had not retaken the required oath of office, pursuant to Code § 49-1, after being designated by the Chief Justice to assume judicial duties in Spotsylvania County.”
Herbert W. Lux, Jr. v. Commonwealth of Virginia (Va. Ct. App. 2013). · cites it 4× “However, appellant contended that Judge Shadrick lacked authority to preside over his trial because he had not retaken the required oath of office, pursuant to Code § 49-1, after being designated by the Chief Justice to assume judicial duties in Spotsylvania County.”
Christopher E. Cottrell v. Commonwealth of Virginia (Va. Ct. App. 2014). · cites it 2× “He argued that pursuant to Code §§ 49-1 and 49-4, Officer Jones was not properly sworn and therefore could not be a correctional officer as defined in Code § 53.”
In re D.C. (W. Va. 2018). “Va. Code § 49-1- 201. As such, there was sufficient evidence to find that petitioner abused and/or neglected the child and he was adjudicated accordingly.”
In re A.P. (W. Va. 2021). “Va. Code §§ 49-1 - 105(b)(2) (2015) (recognizing that Child Welfare Act “[s]erve[s] the mental and physical welfare of the child” (emphasis added)); W.”
In Re M.j., N.k., A.k., & B.K. (W. Va. 2022). “And we will not disturb the circuit court’s supported finding “[i]f the [circuit] court’s account of the evidence is plausible in light of the record viewed in its entirety.”
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