What should a court reporter do if a witness refuses to swear an oath?

When a witness refuses to swear an oath, the most appropriate course of action for a court reporter is to administer an affirmation using the word "affirm." This is because affirmations serve as an equivalent to oaths and are a method for ensuring that the witness is still bound by the obligation to tell the truth, even without a traditional oath. Providing an affirmation allows the progress of the legal proceedings to continue without interruption while still maintaining the integrity of the testimony being recorded.

In this context, refusal to record the testimony would halt the proceedings, which is not a professional practice a court reporter should engage in. Reporting the refusal to the attorney, while potentially relevant, does not address the immediate issue of the witness’s refusal. Suggesting to the witness that they reconsider swearing may not be appropriate, as it implies the court reporter is trying to influence the witness's decision regarding their testimony duties, which may be seen as compromising their professional objectivity. Therefore, administering an affirmation is the most ethical and effective way to manage the situation.