The Pennsylvania Oath of Unavailability of Witness / Oath of Non-Subscribing Witness is a legal document used in the state of Pennsylvania. It is a sworn statement that a witness is unable to testify or provide any information in a court proceeding due to religious beliefs. It is required by the Pennsylvania Rules of Civil Procedure Rule 401 to be signed by the witness and filed with the court prior to the testimony. The Pennsylvania Oath of Unavailability of Witness / Oath of Non-Subscribing Witness is divided into two types: the Oath of Unavailability and the Oath of Non-Subscribing Witness. The Oath of Unavailability is used when the witness has religious or conscientious scruples that prevent him or her from testifying in a court of law. The Oath of Non-Subscribing Witness is used by a witness who does not believe in the truth of the testimony being offered in court. The Pennsylvania Oath of Unavailability of Witness / Oath of Non-Subscribing Witness must be signed and filed with the court prior to the witness taking the stand. It is important to note that the court may still require the witness to testify on the witness stand despite the oath. If the witness does not comply with the court’s order, the court may impose sanctions, such as striking the witness’s testimony, or even holding the witness in contempt of court.
Pennsylvania Oath of Unavailability of Witness / Oath of Non-Subscribing Witness
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FAQ
What is a Subscribing Witness? A witness who watches the signing of a document, and who then appears before the Notary in the principal signer's place.
How do I get a short certificate? In Pennsylvania, short certificates are issued by the Register of Wills, which is the county office charged with accepting Wills and issuing the Court Order giving you permission to administer the estate.
Pennsylvania law requires two subscribing witnesses to verify the signature or mark a case where the testator can't sign.
OATH OF SUBSCRIBING WITNESS(ES) say(s) that she / he / they was / were present and saw the above Testator / Testatrix sign the same and that she / he / they signed the same and that she / he / they signed as a witness at the request of the Testator / Testatrix in her / his presence and in the presence of each other.
A Pennsylvania self-proving affidavit form is a legal instrument that acts as sworn testimony on behalf of two (2) witnesses of the signing of a last will and testament.
The witnesses must be disinterested in that they must not have been named within the Will as a beneficiary.