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Dead man statute
From Wikipedia, the free encyclopedia
 |
| Evidence |
|---|
| Part of the common law series |
| Types of evidence |
| Testimony · Documentary evidence |
| Physical evidence · Digital evidence |
| Exculpatory evidence · Scientific evidence |
| Demonstrative evidence |
| Hearsay: in U.K. law · in U.S. law |
| Relevance |
| Burden of proof |
| Laying a foundation |
| Subsequent remedial measure |
| Character evidence · Habit evidence |
| Similar fact evidence |
| Authentication |
| Chain of custody |
| Judicial notice · Best evidence rule |
| Self-authenticating document |
| Ancient document |
| Witnesses |
| Competence · Privilege |
| Direct examination · Cross-examination |
| Impeachment · Recorded recollection |
| Expert witness · Dead man statute |
| Hearsay (and its exceptions) |
| Excited utterance · Dying declaration |
| Party admission · Ancient document |
| Declarations against interest |
| Present sense impression · Res gestae |
| Learned treatise · Implied assertion |
| Other areas of the common law |
| Contract law · Tort law · Property law |
| Wills and Trusts · Criminal law |
A dead man statute is a statute designed to prevent perjury in a civil case by prohibiting a witness who is an interested party from testifying about communications or transactions with a decedent unless there is a waiver.
This prohibition applies only against a witness who has an interest in the outcome of the case, and only applies where that witness is testifying for his own interests, and against the interests of the decedent. Furthermore, the restriction only exists in civil cases, never in criminal cases.
The restriction can be waived. A waiver can occur if the decedent's testimony is brought before the jury, in the form of a deposition.
In the United States there is no federal law imposing such a restriction, but about half of the U.S. States have enacted a dead man statute.