Questions & Answers
Oath is the final evidence in litigation
Dear Sir,
Could you please tell me what happens if one party in a litigation was requested to take an oath by the court, and gives a fake statement in a minor commercial debt case.
Can this be taken as the only evidence and the case is closed or the other party still have a chance to win?
Hello
The oath has a very narrow use and very strict rules. The oath and statement under oath have four different types. Some of them are final and some of them are an extra requirement.
In case that plaintiff doesn’t have any other evidence to prove the claim, he or she can ask the defendant to take an oath.
In this case, if the defendant takes the oath and denies the claim, the case is closed and the claim is rejected. If the defendant doesn’t take the oath, the claim is proven.
The defendant can return the oath to the plaintiff. In this case also, if the plaintiff takes the oath, the claim is proven and if not, the claim is rejected.
In three other cases, the oath is an extra element to prove the honesty. In these cases, the oath is not final.
If you need more information, you have to be more specific.