Legal Definitions - swear out

To swear out a legal document means to formally initiate a legal process, such as obtaining an arrest warrant or filing a criminal complaint, by presenting sworn testimony or a sworn statement to a court or magistrate. This act involves making a declaration under oath, affirming the truthfulness of the allegations, which then allows the court to issue the requested legal document.

• After her car was stolen, Maria went to the police station and provided a detailed account of the theft, identifying a suspect she had seen near her vehicle. She then appeared before a magistrate and gave a sworn statement outlining the facts. Based on Maria's sworn testimony, the magistrate was able to swear out an arrest warrant for the suspected car thief.

  This example illustrates "swear out" because Maria's sworn statement, made under oath, provided the necessary legal basis for the magistrate to issue, or "swear out," the arrest warrant.

• During an investigation into a series of burglaries, Detective Miller gathered substantial evidence linking a particular individual to the crimes, including witness statements and forensic findings. To formally charge the suspect, Detective Miller prepared an affidavit detailing all the evidence and presented it to a prosecutor, who then took it before a judge. The judge reviewed the sworn affidavit and proceeded to swear out a criminal complaint against the suspect, officially initiating the prosecution.

  Here, Detective Miller's sworn affidavit, presented to the court, served as the formal charge under oath, enabling the judge to "swear out" the official criminal complaint against the alleged burglar.