Delaware Code Title 11 Sec. 1235 – Perjury and related offenses; definitions
(a) A statement is “material” when, regardless of its admissibility under the rules of evidence, it could have affected the course or outcome of the proceeding.
Terms Used In Delaware Code Title 11 Sec. 1235
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: includes affirmation in all cases where an affirmation may be substituted for an oath, and "sworn" includes affirmed; and the forms shall be varied accordingly. See Delaware Code Title 1 Sec. 302
- Oath: A promise to tell the truth.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
- Statute: A law passed by a legislature.
(b) “Oath” includes an affirmation and every other mode authorized by law of attesting the truth of that which is stated.
(c) An affidavit, deposition or other written instrument is one for which an “oath is required by law” when, absent an oath, it does not or would not, according to statute or appropriate regulatory provisions, have legal efficacy in a court of law or before any public or governmental body, agency or public servant to whom it is or might be submitted.
(d) “Public servant” has the meaning given in § 1209(4) of this title.
(e) “Swear” means to state under oath.
(f) “Testimony” means an oral statement made under oath in a proceeding before any court, body, agency, public servant or other person authorized to conduct the proceeding and to administer the oath or cause it to be administered.
11 Del. C. 1953, § ?1235; 58 Del. Laws, c. 497, § ?1;