Everything about Dead Man Statute totally explained
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's a waiver.
This prohibition applies only against a witness who has an interest in the outcome of the case and applies only 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's no federal law imposing such a restriction, but about half of the
U.S. States have enacted a dead man statute.
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