Legal Definitions - assertory oath

An assertory oath is a formal declaration, often made with solemnity, where a person affirms the truthfulness of a statement regarding a past event or an existing fact. It is a sworn statement confirming that something is or was true, as opposed to promising a future action.

• Witness Testimony in Court: Imagine a witness in a courtroom who raises their right hand and swears, "I swear to tell the truth, the whole truth, and nothing but the truth, so help me God." This is an assertory oath because the witness is committing to truthfully recount events they observed or facts they know, all of which pertain to past occurrences or existing circumstances. Their oath asserts the truthfulness of the information they are about to provide about what *happened*.

• Signing an Affidavit: Consider a situation where someone needs to provide a written statement for a legal case but cannot appear in court. They might prepare an affidavit, which is a written declaration sworn under oath before a notary public or another authorized official. By signing this document and swearing to its contents, the individual is taking an assertory oath, affirming that the facts and statements detailed within the affidavit are true and accurate to the best of their knowledge at that moment.

• Verifying an Insurance Claim: When a homeowner files a claim after their house is damaged by a storm, the insurance company might require them to sign a sworn statement of loss. In this document, the homeowner details the damage, lists lost items, and describes the circumstances of the incident. By signing this statement under oath, they are making an assertory oath, affirming the truth and accuracy of the information provided about the past event (the storm damage) and the current state of their losses.