Oaths

Del. Code tit. 10, ch. 53

in effect

Del. Code tit. 10, § 5301 Generally.

Any judge of any court in this State, any justice of the peace, or notary public, may, in any case in which an oath or affirmation is necessary or proper, administer such oath or affirmation.

Del. Code tit. 10, § 5302 Deputy sheriffs.

The sheriffs of the several counties may appoint deputies, who may administer oaths in all cases in which, by the laws of this State, an oath is authorized and required to be administered by the sheriff. In all cases in which the oath is administered by a deputy, whose appointment is recorded in the recorder’s office in and for the county in which the sheriff and deputy reside, the oath so administered shall be as effectual in law as though it had been done by the sheriff.

Del. Code tit. 10, § 5303 Clerk of United States District Court.

The Clerk of the United States District Court for the District of Delaware may administer oaths and affirmations and take acknowledgment of the execution of instruments of writing in this State which are to be used in the District Court, or in any district or appellate court of the United States.

Del. Code tit. 10, § 5304 Court appointees and surveyors.

(a) The persons appointed or authorized, by any decree, order, rule, or commission, made in or issued out of the Supreme Court, the Court of Chancery or the Superior Court to perform any duty, or for any purpose, may severally administer to each other and to any surveyor, or person, by them employed, and to any witness produced before them, any oath or affirmation required or proper to be taken in the case. (b) Every surveyor may administer the proper oath or affirmation to chain carriers acting under the surveyor. (c) The form of the oath or affirmation required to be taken by persons so appointed or authorized, with directions for administering the same, shall accompany every commission, rule, or order issued out of any court.

Del. Code tit. 10, § 5305 Nonresidents in legal proceedings.

In all legal proceedings in this State, wherein an oath or affidavit is required to be made by any person not residing in this State, such oath or affidavit may be administered and certified in the same manner and by the same persons as the laws of this State prescribe for taking the acknowledgment of deeds or the probate of accounts against a deceased person’s estate, where the acknowledgment or probate is made out of this State.

Del. Code tit. 10, § 5321 Method of administering.

The usual oath in this State shall be by swearing upon the Holy Evangels of Almighty God. The person to whom an oath is administered shall lay his or her right hand upon the book.

Del. Code tit. 10, § 5322 Uplifted hand.

A person may be permitted to swear with the uplifted hand; that is to say, a person shall lift up his or her right hand and swear by the ever living God, the searcher of all hearts, that etc., and at the end of the oath shall say, “as I shall answer to God at the Great Day.”

Del. Code tit. 10, § 5323 Affirmation.

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.

Del. Code tit. 10, § 5324 Non-Christians.

A person believing in any other than the Christian religion, may be sworn according to the peculiar ceremonies of such person’s religion, if there be any such.

Source: DE Code (Official Site)URL: https://delcode.delaware.gov/title10/c053/sc01/index.htmlFetched: 10/4/2026