After the parties have finished exercising their peremptory challenges and the jury panel is complete, the judge asks counsel if there is any reason why the jury should not be sworn. This question, and the responses thereto, may be held at side-bar outside the hearing of the jury. If the parties indicate that they know of no reason or if there is an objection and the judge overrules the objection, the judge directs the Prothonotary to swear the jury. The Prothonotary then administers the following oath:
Members of the jury, please rise. Those of you who will swear on the Bible, please take hold of the Bible with your right hand as I call your names; those of you who will affirm, raise your right hand. [The Prothonotary then reads the list of the names of the jurors.] Do each of your solemnly swear upon the Holy Bible of Almighty God (or solemnly, sincerely and truly declare and affirm) that you will well and truly try the issues joined in this action between (the State of Delaware and the defendant at the bar) or (the plaintiff and the defendant) and a true verdict give according to the evidence? And do you further swear (or affirm) that you have fully and truthfully answered all questions put to you touching the matter now before the court, so help you God? Please be seated. Members of the jury, you have all been severally sworn or affirmed. Stand together and hear the evidence.
The record of the case must reflect the swearing in of the jury. 103.1
103.1. Belt v. Abramson, 82 A. 90 (Del. Super. 1911).
© 2010 David L. Finger