GSNC

ARTICLE 1. General Provisions.

Sec.

§ 11-1. Oaths and affirmations to be administered with solemnity.

Whereas, lawful oaths for discovery of truth and establishing right are necessary and highly conducive to the important end of good government; and being most solemn appeals to Almighty God, as the omniscient witness of truth and the just and omnipotent avenger of falsehood, and whereas, lawful affirmations for the discovery of truth and establishing right are necessary and highly conducive to the important end of good government, therefore, such oaths and affirmations ought to be taken and administered with the utmost solemnity.

History

(1777, c. 108, s. 2, P.R.; R.C., c. 76, s. 1; Rev., s. 2353; C.S., s. 3188; 1985, c. 756, s. 1.)

Legal Periodicals. - For article, "Toward a Codification of the Law of Evidence in North Carolina," see 16 Wake Forest L. Rev. 669 (1980).

CASE NOTES

Editor's Note. - The cases below were decided prior to the 1985 amendment to this section, which provided for affirmations.

The "solemnity" applies not only to the substance of the oath, but to the form and manner of taking it and of administering it. State v. Davis, 69 N.C. 383 (1873).

Double Sanction to Oath of Witness. - The law requires two guarantees of the truth of what a witness is about to state; he must be in the fear of punishment by the laws of man, and he must also be in the fear of punishment by the laws of God, if he states what is false; in other words, there must be a temporal and also a religious sanction to his oath. Shaw v. Moore, 49 N.C. 25 (1856).

Sufficiency of Belief. - A person who believes in the obligation of an oath on the Bible; who believes in God and Jesus Christ, and that God will punish in this world, all violators of his law, and that the sinner will inevitably be punished in this world for each and every sin committed; but who believes that there will be no punishment after death, and that in another world all will be happy and equal to the angels, is competent to be sworn. Shaw v. Moore, 49 N.C. 25 (1856).

In Omychund v. Barker, 1 Atk. 19, and Wiles, 538, it was decided that a Gentoo, who did not believe in either the Old or New Testament, but who believed in a God, as the Creator of the Universe, and believed that he was a rewarder of those who do well, and an avenger of those who do ill, according to the common law, could be sworn in that form which was the most sacred and obligatory upon his religious sense. The case established the rule to be, that an infidel is competent to be sworn, provided he believes in the existence of a Supreme Being, who punishes the wicked, without reference to the time of punishment. Shaw v. Moore, 49 N.C. 25 (1856).

Finding of the Judge Conclusive. - The finding of the judge as to the competency of a witness to take an oath is conclusive, and not reviewable. State v. Pitt, 166 N.C. 268, 80 S.E. 1060 (1914).

Objection to Manner of Administering After Verdict. - Where a juror was sworn in the presence of the defendant, and his counsel let him acquiesce in the manner in which the oath was taken, to permit him to object after the verdict would simply make a trial not a decision upon the merits but a series of pitfalls for the State. Not having spoken when he was called upon to speak, the prisoner would not be heard after the verdict has gone against him. State v. Ward, 9 N.C. 443 (1823); Briggs v. Byrd, 34 N.C. 377 (1851); State v. Patrick, 48 N.C. 443 (1856); State v. Boon, 82 N.C. 637 (1880); State v. Council, 129 N.C. 511, 39 S.E. 814 (1901).

Failure to Administer. - In State v. Gee, 92 N.C. 756 (1885), where a witness was not sworn at all, the court held that this was not ground of objection after verdict. State v. Council, 129 N.C. 511, 39 S.E. 814 (1901).

Objection to Oath of Incompetent After Verdict. - Where a juror was incompetent to be sworn because he was an atheist (State v. Davis, 80 N.C. 412 (1879)) and the objection was not discovered till after verdict, setting aside the verdict rested in the discretion of the trial judge. State v. Lamber, 93 N.C. 618 (1885); State v. Council, 129 N.C. 511, 39 S.E. 814 (1901).

§ 11-2. Administration of oaths.

Judges and other persons who may be empowered to administer oaths, shall (except in the cases in this Chapter excepted) require the party to be sworn to lay his hand upon the Holy Scriptures, in token of his engagement to speak the truth and in further token that, if he should swerve from the truth, he may be justly deprived of all the blessings of that holy book and made liable to that vengeance which he has imprecated on his own head.

History

(1777, c. 108, s. 2, P.R.; R.C., c. 76, s. 1; Code, s. 3309; Rev., s. 2354; C.S., s. 3189; 1941, c. 11; 1971, c. 381, s. 9; 1985, c. 756, s. 2.)

CASE NOTES

Application to Witnesses. - Every witness, except as otherwise provided, must be sworn in the matter stated in this section. State v. Davis, 69 N.C. 383 (1873).

Sufficiency of Juror's Oath. - An oath administered to a juror in the manner prescribed by statute is sufficient; the juror need not repeat the words "so help me God." State v. Paylor, 89 N.C. 539 (1883).

Ministerial Act. - The administration of an oath is a ministerial act and may be done by anyone in the presence and by the direction of the court, but is the act of the court. State v. Knight, 84 N.C. 789 (1881).

Partially Directory. - As to the form of the oath, when it is prescribed by statute, the statute is to be construed in some sense as directory only, so far at least that a departure from the words, in matter not of substance but of form merely, does not exempt the person taking it from the pains of perjury. State v. Mazon, 90 N.C. 676 (1884).

Validity of Irregular Oath. - To hold invalid an oath that did not follow the very words of the statute could prove disastrous to the public interests. State v. Mazon, 90 N.C. 676 (1884).

Swearing on the Quran. - Superior court erred in dismissing a complaint challenging G.S. 11-2 for lack of a justiciable controversy where an individual brought a declaratory judgment after her request to swear on the Quran was denied and an organization had sued after its Jewish members exhibited their intent to serve as jurors or witnesses if called. ACLU of N.C. Inc. v. State, 181 N.C. App. 430, 639 S.E.2d 136 (2007).

Juror's Oath in Capital Cases. - Although the omission of the words "you swear" at the commencement of the oath of jurors in a capital case looks awkward and mars the comeliness of judicial proceedings, it does not vitiate the oath. State v. Owen, 72 N.C. 605 (1875).

The manner of swearing is merely a form adapted to the religious belief of the general mass of citizens for the sake of convenience and uniformity. State v. Pitt, 166 N.C. 268, 80 S.E. 1060 (1914).

Presumption. - The administration of an oath to a witness is an official act of the court; and it being shown affirmatively that an oath was administered to the defendant in open court on the Bible, a presumption arises that it was rightly done. State v. Mace, 86 N.C. 668 (1882).

Willful Violation. - The general rule is that a willful violation of such an oath in a material matter is perjury, and no other is. State v. Davis, 69 N.C. 383 (1873).

When Deputy Clerk May Administer. - The deputy of the clerk of the superior court is authorized to take the affidavit of the plaintiff in an action of claim and delivery. Jackson v. Buchanan, 89 N.C. 74 (1883).

A deputy sheriff is not authorized to administer oath to homestead appraisers. Oates v. Munday, 127 N.C. 439, 37 S.E. 457 (1900).

Cited in State v. Beal, 199 N.C. 278, 154 S.E. 604 (1930).

§ 11-3. Administration of oath with uplifted hand.

When the person to be sworn shall be conscientiously scrupulous of taking a book oath in manner aforesaid, he shall be excused from laying hands upon, or touching the Holy Gospel; and the oath required shall be administered in the following manner, namely: He shall stand with his right hand lifted up towards heaven, in token of his solemn appeal to the Supreme God, and also in token that if he should swerve from the truth he would draw down the vengeance of heaven upon his head, and shall introduce the intended oath with these words, namely:

I, A.B., do appeal to God, as a witness of the truth and the avenger of falsehood, as I shall answer the same at the great day of judgment, when the secrets of all hearts shall be known (etc., as the words of the oath may be).

History

(1777, c. 108, s. 3, P.R.; R.C., c. 76, s. 2; Code, s. 3310; Rev., s. 2355; C.S., s. 3190.)

CASE NOTES

Conscientious Scruples. - If the usual form of oaths upon the Holy Evangelists is dispensed with and an "appeal" or "affirmation" is substituted, it must appear that the person sworn had conscientious scruples, or else the "appeal" or "affirmation" is invalid. State v. Davis, 69 N.C. 383 (1873); Pearre v. Folb, 123 N.C. 239, 31 S.E. 475 (1898).

Presumption as to Witness. - When a witness comes before a tribunal to be sworn it is to be presumed that he has settled the point with himself in what manner he will be sworn, and he should make it known to the officer of the court; and should he be sworn with uplifted hand, though not conscientiously scrupulous of swearing on the Gospels, and depose falsely, he subjects himself to the pains and penalties of perjury. State v. Whisenhurst, 9 N.C. 458 (1823).

Presumption as to Manner. - Where it appeared that the registrar (now chief judge) administered the prescribed oath to electors, but that he did not swear them on the Bible, it would be inferred, in the absence of direct proof to the contrary, that the oath was taken with uplifted hand, as specified by this section, and was accepted as a valid mode of administering it, by both the registrar and the elector. Administering the oath in such manner was sufficient to meet the requirements of the election law. State ex rel. DeBerry v. Nicholson, 102 N.C. 465, 9 S.E. 545 (1889).

Cited in State v. Beal, 199 N.C. 278, 154 S.E. 604 (1930).

§ 11-4. Affirmation in lieu of oath.

When a person to be sworn shall have conscientious scruples against taking an oath in the manner prescribed by G.S. 11-2, 11-3, or 11-7, he shall be permitted to be affirmed. In all cases the words of the affirmation shall be the same as the words of the prescribed oath, except that the word "affirm" shall be substituted for the word "swear" and the words "so help me God" shall be deleted.

History

(1777, c. 108, s. 4, P.R.; c. 115, s. 42, P.R.; 1819, c. 1019, P.R.; 1821, c. 1112, P.R.; R.C., c. 76, s. 3; Code, s. 3311; Rev., s. 2356; C.S., s. 3191; 1985, c. 756, s. 3.)

CASE NOTES

Cited in State v. Davis, 69 N.C. 383 (1873); State v. Beal, 199 N.C. 278, 154 S.E. 604 (1930).

§ 11-5. Oaths of corporations.

In all cases where a corporation is appointed administrator, executor, collector, or to any other fiduciary position, of which fiduciary an oath is required by law, such oath may be taken by such corporation by and through any officer or agent of said corporation who is authorized by law to verify pleadings in behalf of such corporation; and any oath so taken shall be valid as the oath of such corporation. Any oath heretofore taken in the manner aforesaid in behalf of a corporation as such fiduciary is hereby validated as the oath of such corporation.

History

(1919, c. 89, ss. 1, 2; C.S., s. 3192.)

§ 11-6: Repealed by Session Laws 1985, c. 756, s. 4.

Cross References. - As to oath to support the Constitution of the United States, see now G.S. 11-7.

§ 11-7. Oath or affirmation to support Constitutions; all officers to take.

Every member of the General Assembly and every person elected or appointed to hold any office of trust or profit in the State shall, before taking office or entering upon the execution of the office, take and subscribe to the following oath:

"I, ________, do solemnly and sincerely swear that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States, to the best of my knowledge and ability; so help me God."

History

(1781, c. 342, s. 1, P.R.; R.C., c. 76, s. 4; Code, s. 3312; Rev., s. 2358; C.S., s. 3194; 1985, c. 756, s. 5.)

Cross References. - As to oaths required of public officers, see N.C. Const., Art. VI, § 7.

As to oath to support the Constitution of the United States, see now G.S. 11-7.

As to penalty for failure to take oath before entering on the duties of office, see G.S. 128-5.

CASE NOTES

Oath Incidental. - The oath required of public officers is merely incidental to and constitutes no part of the office. State ex rel. Clark v. Stanley, 66 N.C. 59 (1872).

Failure to Take Oath. - Public officers who have not taken the required oaths of office are not entitled to the salaries attached to such offices. Wiley v. Worth, 61 N.C. 171 (1867).

Duty of Attorney General. - The Attorney General of North Carolina is a constitutional officer, and he is required to take an oath which among other things binds him to support, maintain and defend the Constitution of North Carolina not inconsistent with the Constitution of the United States. It is but a small step from the language of this oath to the proposition asserted by the Attorney General that his duty includes the defense of statutes of this State against charges of unconstitutionality. Hendon v. North Carolina State Bd. of Elections, 633 F. Supp. 454 (W.D.N.C. 1986).

Applied in State v. Sullivan, 201 N.C. App. 540, 687 S.E.2d 504 (2009), appeal denied, 364 N.C. 247, 699 S.E.2d 921 (2010), cert. denied, 562 U.S. 1138, 131 S. Ct. 937, 178 L. Ed. 2d 754, 2011 U.S. LEXIS 574 (U.S. 2011); Baxter v. Danny Nicholson, Inc., 363 N.C. 829, 690 S.E.2d 265 (2010).

Opinions of Attorney General

Notary Public Commission and Effective Date of Oath. - A notary may take the oath of office anytime within 90 days of commissioning; there is no requirement that a notary seeking recommissioning take the oath after the commission date. See opinion of Attorney General to Ms. Haley Haynes Montgomery, Deputy Secretary of State, 2004 N.C.A.G. 11 (9/23/04).

§ 11-7.1. Who may administer oaths of office.

Except as otherwise specifically required by statute, an oath of office may be administered by any of the following:
1. A justice, judge, magistrate, clerk, assistant clerk, or deputy clerk of the General Court of Justice, a retired justice, judge, or clerk of the General Court of Justice, or any member of the federal judiciary.
2. The Secretary of State.
3. A notary public.
4. A register of deeds.
5. A mayor of any city, town, or incorporated village.
6. A chairman of the board of commissioners of any county.
7. A member of the House of Representatives or Senate of the General Assembly.
8. The clerk of any county, city, town or incorporated village.
The administration of an oath by any judge of the Court of Appeals prior to March 7, 1969, is hereby validated.

History

(1953, c. 23; 1969, c. 44, s. 25; c. 499; c. 713, s. 1; 1971, c. 381, s. 10; 1977, c. 344, s. 2; 1979, c. 757; 1981, c. 682, s. 2; 1983, c. 648, s. 1; 1995, c. 147, s. 1; 2019-243, s. 14.)

Editor's Note. - Session Laws 1983, c. 648, s. 2, provided: "The administration of an oath by any county, city or town clerk prior to date of ratification is hereby validated." The act was ratified June 30, 1983.

Session Laws 1987, c. 620, s. 6 provides that any oath of office taken by a register of deeds before a person authorized to administer oaths as defined in this section and not before the board of county commissioners is validated.

Effect of Amendments. - Session Laws 2019-243, s. 14, effective November 6, 2019, in subsection (a), added "any of the following" in the introductory language, substituted "justice, judge, or clerk" for "justice or judge" in subdivision (a)(1), and made stylistic changes.

§ 11-8. When deputies may administer.

In all cases where any civil officer, in the discharge of his duties, is permitted by the law to administer an oath, the deputy of such officer, when discharging such duties, shall have authority to administer it, provided he is a sworn officer; and the oath thus administered by the deputy shall be as obligatory as if administered by the principal officer, and shall be attended with the same penalties in case of false swearing.

History

(1836, c. 27, s. 2; R.C., c. 76, s. 7; Code, s. 3316; Rev., s. 2359; C.S., s. 3195.)

§ 11-9. Administration by certain officers.

The chairman of the board of county commissioners and the chairman of the board of education of the several counties may administer oaths in any matter or hearing before their respective boards.

History

(1889, c. 529; 1899, c. 89; Rev., s. 2362; C.S., s. 3196.)

CASE NOTES

Cited in Royal Cotton Mill Co. v. Textile Workers Union, 234 N.C. 545, 67 S.E.2d 755 (1951).

§ 11-10. When county surveyors may administer oaths.

The county surveyors of the several counties are empowered to administer oaths to all such persons as are required by law to be sworn in making partition of real estate, in establishing boundaries and in surveying vacant lands under warrants.

History

(1881, c. 144; Code, s. 3314; Rev., s. 2361; C.S., s. 3197; 1959, c. 879, s. 4.)

ARTICLE 2. Forms of Official and Other Oaths.

Sec.

§ 11-11. Oaths of various persons; forms.

The oaths of office to be taken by the persons listed in this section shall be in the words following the names of the persons respectively, in all cases after taking the separate oath required by Article VI, Section 7 of the Constitution of North Carolina:

Administrator

You swear (or affirm) that you believe A. B. died without leaving any last will and testament; that you will well and truly administer all and singular the goods and chattels, rights and credits of the said A. B., and a true and perfect inventory thereof return according to law; and that all other duties appertaining to the charge reposed in you, you will well and truly perform, according to law, and with your best skill and ability; so help you, God.

Attorney at Law

I, A. B., do swear (or affirm) that I will truly and honestly demean myself in the practice of an attorney, according to the best of my knowledge and ability; so help me, God.

Attorney General, State District Attorneys and County Attorneys

I, A. B., do solemnly swear (or affirm) that I will well and truly serve the State of North Carolina in the office of Attorney General (district attorney for the State or attorney for the State in the county of ____________); I will, in the execution of my office, endeavor to have the criminal laws fairly and impartially administered, so far as in me lies, according to the best of my knowledge and ability; so help me, God.

Auditor

I, A. B., do solemnly swear (or affirm) that I will well and truly execute the trust reposed in me as auditor, without favor or partiality, according to law, to the best of my knowledge and ability; so help me, God.

Book Debt Oath

You swear (or affirm) that the matter in dispute is a book account; that you have no means to prove the delivery of such articles, as you propose to prove by your own oath, or any of them, but by yourself; and you further swear that the account rendered by you is just and true; and that you have given all just credits; so help you, God.

Book Debt Oath for Administrator

You, as executor or administrator of A. B., swear (or affirm) that you verily believe this account to be just and true, and that there are no witnesses, to your knowledge, capable of proving the delivery of the articles therein charged; and that you found the book or account so stated, and do not know of any other or further credit to be given than what is therein given; so help you, God.

Clerk of the Supreme Court

I, ________, do solemnly swear that I will discharge the duties of the office of clerk of the Supreme Court without prejudice, affection, favor, or partiality, according to law and to the best of my skill and ability, so help me, God.

Clerk of the Superior Court

I, A. B., do swear (or affirm) that, by myself or any other person, I neither have given, nor will I give, to any person whatsoever, any gratuity, fee, gift or reward, in consideration of my election or appointment to the office of clerk of the superior court for the county of ________; nor have I sold, or offered to sell, nor will I sell or offer to sell, my interest in the said office; I also solemnly swear that I do not, directly or indirectly, hold any other lucrative office in the State; and I do further swear that I will execute the office of clerk of the superior court for the county of ________ without prejudice, favor, affection or partiality, to the best of my skill and ability; so help me, God.

Commissioners Allotting a Year's Provisions

You and each of you swear (or affirm) that you will lay off and allot to the petitioner a year's provisions for herself and family, according to law, and with your best skill and ability; so help you, God.

Commissioners Apportioning Real Estate

You and each of you swear (or affirm) that, in the partition of the real estate now about to be made by you, you will do equal and impartial justice among the several claimants, according to their several rights, and agreeably to law; so help you, God.

Executor

You swear (or affirm) that you believe this writing to be and contain the last will and testament of A. B., deceased; and that you will well and truly execute the same by first paying debts and then devises, as far as the decedent's estate shall extend or the law shall charge you; and that you will well and faithfully execute the office of an executor, agreeably to the trust and confidence reposed in you, and according to law; so help you, God.

Grand Jury - Foreman of

You, as foreman of this grand inquest for the body of this county, shall diligently inquire and true presentment make of all such matters and things as shall be given you in charge; the State's counsel, your fellows' and your own you shall keep secret; you shall present no one for envy, hatred or malice; neither shall you leave anyone unpresented for fear, favor or affection, reward or the hope of reward; but you shall present all things truly, as they come to your knowledge, according to the best of your understanding; so help you, God.

Grand Jurors

The same oath which your foreman hath taken on his part, you and each of you shall well and truly observe and keep on your part; so help you, God.

Grand Jury - Officer of

You swear (or affirm) that you will faithfully carry all papers sent from the court to the grand jury, or from the grand jury to the court, without alteration or erasement, and without disclosing the contents thereof; so help you, God.

Jury - Officer of

You swear (or affirm) that you will keep every person sworn on this jury in some private and convenient place when in your charge. You shall not suffer any person to speak to them, neither shall you speak to them yourself, unless it be to ask them whether they are agreed in their verdict, but with leave of the court; so help you, God.

Oath for Petit Juror

You do solemnly swear (affirm) that you will truthfully and without prejudice or partiality try all issues in civil or criminal actions that come before you and give true verdicts according to the evidence, so help you, God.

Justice, Judge, or Magistrate of the General Court of Justice

I, ________, do solemnly swear (affirm) that I will administer justice without favoritism to anyone or to the State; that I will not knowingly take, directly or indirectly, any fee, gift, gratuity or reward whatsoever, for any matter or thing done by me or to be done by me by virtue of my office, except the salary and allowances by law provided; and that I will faithfully and impartially discharge all the duties of ____ of the ________ Division of the General Court of Justice to the best of my ability and understanding, and consistent with the Constitution and laws of the State; so help me, God.

I, A. B., do solemnly swear (or affirm) that I will faithfully and truly, according to the best of my skill and ability, execute the duties of the office of register of deeds for the county of ________, in all things according to law; so help me, God.

Secretary of State

I, A. B., do swear (or affirm) that I will, in all respects, faithfully and honestly execute the office of Secretary of State of the State of North Carolina, during my continuance in office, according to law; so help me, God.

Sheriff

I, A. B., do solemnly swear (or affirm) that I will execute the office of sheriff of ____ county to the best of my knowledge and ability, agreeably to law; and that I will not take, accept or receive, directly or indirectly, any fee, gift, bribe, gratuity or reward whatsoever, for returning any man to serve as a juror or for making any false return on any process to me directed; so help me, God.

Law Enforcement Officer

I, A. B., do solemnly swear (or affirm) that I will be alert and vigilant to enforce the criminal laws of this State; that I will not be influenced in any matter on account of personal bias or prejudice; that I will faithfully and impartially execute the duties of my office as a law enforcement officer according to the best of my skill, abilities, and judgment; so help me, God.

State Treasurer

I, A. B., do swear (or affirm) that, according to the best of my abilities and judgment, I will execute impartially the office of State Treasurer, in all things according to law, and account for the public taxes; and I will not, directly or indirectly, apply the public money to any other use than by law directed; so help me, God.

Surveyor for a County

I, A. B., do solemnly swear (or affirm) that I will well and impartially discharge the several duties of the office of surveyor for the county of ________, according to law; so help me, God.

Treasurer for a County

I, A. B., do solemnly swear (or affirm) that, according to the best of my skill and ability, I will execute impartially the office of treasurer for the county of ________, in all things according to law; that I will duly and faithfully account for all public moneys that may come into my hands, and will not, directly or indirectly, apply the same, or any part thereof, to any other use than by law directed; so help me, God.

Witness to Depose before the Grand Jury

You swear (or affirm) that the evidence you shall give to the grand jury, upon this bill of indictment against A. B., shall be the truth, the whole truth, and nothing but the truth; so help you, God.

Witness in a Capital Trial

You swear (or affirm) that the evidence you shall give to the court and jury in this trial, between the State and the prisoner at the bar, shall be the truth, the whole truth, and nothing but the truth; so help you, God.

Witness in a Criminal Action

You swear (or affirm) that the evidence you shall give to the court and jury in this action between the State and A. B. shall be the truth, the whole truth, and nothing but the truth; so help you, God.

Witness in Civil Cases

You swear (or affirm) that the evidence you shall give to the court and jury in this cause now on trial, wherein A. B. is plaintiff and C. D. defendant, shall be the truth, the whole truth, and nothing but the truth; so help you, God.

Witness to Prove a Will

You swear (or affirm) that you saw C. D. execute (or heard him acknowledge the execution of) this writing as his last will and testament; that you attested it in his presence and at his request; and that at the time of its execution (or at the time the execution was acknowledged) he was, in your opinion, of sound mind and disposing memory; so help you, God.

Witness before a Legislative Committee or Commission

You swear (or affirm) that the testimony you shall give to the committee (or commission) shall be the truth, the whole truth, and nothing but the truth; so help you, God.

General Oath

Any officer of the State or of any county or township, the term of whose oath is not given above, shall take an oath in the following form: I, A. B., do swear (or affirm) that I will well and truly execute the duties of the office of ________ according to the best of my skill and ability, according to law; so help me, God.

History

(R.C., c. 76, s. 6; 1874-5, c. 58, s. 2; Code, ss. 3057, 3315; 1903, c. 604; Rev., s. 2360; C.S., s. 3199; 1947, c. 71; 1959, c. 879, s. 5; 1967, c. 218, s. 2; 1969, c. 1190, ss. 50, 51; 1971, c. 381, s. 11; 1977, c. 344, s. 3; 1989 (Reg. Sess., 1990), c. 953; 1995, c. 379, s. 10; 1997-14, s. 1; 2011-284, s. 8; 2013-164, s. 2; 2020-23, s. 11.)

Effect of Amendments. - Session Laws 2011-284, s. 8, effective June 24, 2011, substituted "by first paying debts and then devises, as far as the decedent's estate" for "by first paying his debts and then his legacies, as far as the said estate" in the executor's oath.

Session Laws 2013-164, s. 2, effective October 1, 2013, inserted "in all cases" in the first paragraph of this section. For applicability, see Editor's note.

Session Laws 2020-23, s. 11, effective October 1, 2020, substituted "various persons" for "sundry persons" in the section heading; substituted "persons listed in this section" for "several persons hereafter named" in the first sentence; substituted "Apportioning Real Estate" for "Dividing and Allotting Real Estate" in the heading of the form; and made a minor stylistic change.

Legal Periodicals. - For 1997 legislative survey, see 20 Campbell L. Rev. 491.

CASE NOTES

Disclosures Not Prohibited by Grand Jurors' Oath. - The grand jurors' oath of secrecy does not prohibit the disclosure in court of proceedings before the grand jury whenever the ends of justice require it. State v. Colson, 262 N.C. 506, 138 S.E.2d 121 (1964).

Action of the grand jury in returning two fictitious bills of indictment charging undercover agents with narcotics violations, including the undercover agent who was the principal witness against defendant, was improper, but did not necessarily taint all processes of that grand jury so as to require as a matter of law that a bill of indictment charging defendant with transportation of marijuana be quashed. State v. Long, 14 N.C. App. 508, 188 S.E.2d 690 (1972).

The desire of a prospective juror to affirm rather than take an oath is not, of itself, cause for challenge in this State. State v. Atkinson, 275 N.C. 288, 167 S.E.2d 241 (1969), death sentence vacated, 403 U.S. 948, 91 S. Ct. 2283, 29 L. Ed. 2d 859 (1971); State v. Harris, 283 N.C. 46, 194 S.E.2d 796, cert. denied, 414 U.S. 850, 94 S. Ct. 143, 38 L. Ed. 2d 99 (1973).

Jury Need Not Be Resworn for Prosecution of Less Than Capital Offense. - Where, upon an indictment charging homicide, the solicitor (now district attorney) announced that he was not seeking a higher verdict than murder in the second degree, the prosecution was no longer for a capital offense, and it was not required that the jury be again sworn to try the particular prosecution, but under the provisions of this section it was sufficient that the jurors and all others summoned as jurors for the session of court were administered an oath to truly try all issues which would come before the jury during the term. State v. Smith, 268 N.C. 659, 151 S.E.2d 596 (1966), cert. denied, 386 U.S. 1032, 87 S. Ct. 1481, 18 L. Ed. 2d 593 (1967).

Duty of Judge to Determine Constitutionality of Properly Challenged Statute. - Implicit in the sworn duties of a judge is the duty to determine whether a statute is consistent with the State and federal Constitutions when the validity of that statute is properly challenged by a litigant appearing in a case before him. State ex rel. Edmisten v. Tucker, 312 N.C. 326, 323 S.E.2d 294 (1984).

Cited in In re Will of Covington, 252 N.C. 551, 114 S.E.2d 261 (1960); State v. Phillips, 297 N.C. 600, 256 S.E.2d 212 (1979); Sides v. Duke Univ., 74 N.C. App. 331, 328 S.E.2d 818 (1985); Kennedy v. Haywood County, 158 N.C. App. 526, 581 S.E.2d 119 (2003).

Opinions of Attorney General