Section 21 — Evidence Act 1995 (NSW)

(1) A witness in a proceeding must either take an oath, or make an affirmation, before giving evidence.
(2) Subsection (1) does not apply to a person who gives unsworn evidence under section 13.
(3) A person who is called merely to produce a document or thing to the court need not take an oath or make an affirmation before doing so.
(4) The witness is to take the oath, or make the affirmation, in accordance with the appropriate form in Schedule 1 or in a similar form.
(5) Such an affirmation has the same effect for all purposes as an oath.

Related sections

• s 18 — Compellability of spouses and others in criminal proceedings generally
• s 19 — Compellability of spouses and others in certain criminal proceedings
• s 20 — Comment on failure to give evidence
• s 22 — Interpreters to act on oath or affirmation
• s 23 — Choice of oath or affirmation
• s 24 — Requirements for oaths

Research how courts apply s 21

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.