Is it contempt to refuse to take an oath prior to testifying?

What will happen if a witness refuses to testify under oath will ultimately be up to the judge to decide. Depending on the circumstances, the judge may pursue the reasons underlying the witnesses' refusal to testify under oath. If it is clear that the witness is refusing to testify out of fear that he or she may present false testimony, the judge may see this as a form of assertion of a Fifth Amendment right, and allow the witness to withhold answers to certain questions out of fear of prosecution. The judge may give the witness the option of having to stand upon the previous court testimony, with his or her failure to answer being an admission of guilt or responsibility. Ultimately, a judge may determine hold a witness in contempt. There are a large variety of tools that judges develop over time to encourage the testimony of witnesses, so perhaps it is best to say that the witness should be prepared for the unexpected.