"The Legislature included the requirement of an upraised right hand in the general rule of MCL 600.1432, but omitted any such requirement from the specific exception of MCL 600.1434. Jansen had little trouble clearing things up.
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Thomas Fitzgerald, succinctly noted, "What is less clear is whether a witness who elects to affirm to testify truthfully must also raise his or her right hand when doing so." Kovach, Court of Appeals Judge Kathleen Jansen, joined by Judge E. The oath shall commence, 'You do solemnly swear or affirm.'"īut under MCL 600.1434, if you are "conscientiously opposed to taking an oath" you "may, instead of swearing, solemnly and sincerely affirm, under the pains and penalties of perjury" that you will testify truthfully. MCL 600.1432(1) provides, "The usual mode of administering oaths now practiced in this state, by the person who swears holding up the right hand, shall be observed in all cases in which an oath may be administered by law except as otherwise provided by law. There's a clear statutory command that when swearing an oath to tell the truth, you need to raise your right hand. " Court: The record is turned off, so you're talking to the wind here." Today's pop quiz: Did Judge Morris make the right call?Īnswer: It took a split decision in the Michigan Court of Appeals, and denial of leave to appeal on a 4-3 vote of the Michigan Supreme Court to provide the answer, and the answer is "no." I've had no problem in any other court in Michigan. this exactly what I offered to say at the deposition as a substitute for an oath. " Plaintiff Donkers: I had offered to tell the truth.
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There is no basis for any religious objection. You appeal to the Court of Appeals and explain to them why it is you will not affirm that you will tell the truth on a deposition. " Court: You know what you do when you object, you appeal. I haven't been given an opportunity to say what my sub. " Plaintiff Donkers: Ma'am, I'm going to object. " Defendant: Thank you very much, Judge Morris.
" Defendant: Your honor, could I have seven days to submit this order? " Court: If you'll - if you'll submit an order. " Plaintiff Donkers: I didn't have an opportunity to state what my substitute oath would be. " Court: That's right, your case is dismissed. " Plaintiff Donkers: Ma'am I haven't an opportunity. " Court: Okay if not then I dismiss your case and you may take it up on appeal. The colloquy went like this: " Court: Are you going to raise your right or not? When Catherine Nicole Donkers refused to raise her right hand when affirming she would tell the truth, claiming this would violate her religious beliefs, Washtenaw County Circuit Court Judge Melinda Morris dismissed her claims against her former attorney with prejudice.