Rule 227. Administering Oath to Witness

Each witness to be heard by the investigating grand jury shall be sworn before testifying. The witness may elect to be sworn in camera or in open court.

Comment

Should the witness fail to exercise any election, it is intended that the court will determine whether the witness is to be sworn in camera or in open court.

When it is necessary to give constitutional warnings to a witness, the warnings and the oath must be administered by the court. As to warnings that the court may have to give to the witness when the witness is sworn, see, e.g., Commonwealth v. McCloskey , 443 Pa. 117, 277 A.2d 764 (Pa. 1971).

Official Note

Rule 259 adopted June 26, 1978, effective January 9, 1979; renumbered Rule 227 and Comment revised March 1, 2000, effective April 1, 2001; amended September 30, 2005, effective February 1, 2006.

Committee Explanatory Reports:

Final report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1478 (March 18, 2000).

Final Report explaining the September 30, 2005 amendments concerning administration of the oath published with the Court’s Order at 35 Pa.B. 5679 (October 15, 2005).