Why is it that on my pre-lim hearing copies it does not state that the police officer did swear to tell the truth under oath?

Asked almost 2 years ago - Bakersfield, CA

On both my lawyer and my copies of my pre-lim hearing. When the police officer went up to the stand, the judge asked him to swear to tell the truth and nothing but the truth-now i was present, so i know for a fact he did say, "i do". Now in these copies it does not state that! Why? Doesn't that make this whole report "false" in a way? He did lie under oath in my pre-lim hearing and therefore it proves it on this paper work! So, how is it that this specific line that is truly important in any case is missing? It honestly just finishes the judge statement asking if he swears to tell the truth, then the very next line it states, "You may be seated". Now, the ladies that type are professionals, they know not to make mistakes, and definitely would not leave that part out. So why is it missing?

Attorney answers (3)

  1. 1

    Lawyer agrees

    Answered . You should sit down with your attorney and discuss this. It doesn't make the copy of the prelim false. Preliminary headings are not where the case is tried, if there are falsities you will have a chance to expose the falsities

    This is for general information only. Nothing in this information should be construed as creating an attorney-... more
  2. Answered . There are many variations of the process where a witness is called and then examined. It is not particularly uncommom=n for the transcript to merely note that witness AB was called and sworn. No reprt of the question about telling the truth and the resulting answer. probably because if the potential witness said he would not tell the truth , there would be no record of testimony as he would have been excused.
    If you are going to allow yourself to be lost among the minutiae of the trees, you will never see the forest.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  3. Answered . Its a pre-liminary hearing--the case is not being tried--its not abnormal. No conspiracy. The officers statements are not rendered false.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more

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