Dead Man's Statute

Evidence
Part of the common law series
Types of evidence
Testimony · Documentary Real (physical) · Digital Exculpatory · Scientific Demonstrative Eyewitness identification Genetic (DNA) · Lies
Relevance
Burden of proof · Laying a foundation Public policy exclusions · Spoliation · Character · Habit · Similar fact
Authentication
Chain of custody Judicial notice · Best evidence rule Self-authenticating document Ancient document
Witnesses
Competence · Privilege Direct examination Cross-examination  · Redirect Impeachment · Recorded recollection Expert witness · Dead Man's Statute
Hearsay and exceptions
in English law · in United States law Confessions · Business records Excited utterance · Dying declaration Party admission · Ancient document Declaration against interest Present sense impression · Res gestae Learned treatise · Implied assertion
Other common law areas
Contract · Tort · Property Wills; trusts and estates Criminal law
v · d · e

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 deceased person (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 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 in a number of ways:

1. The decedent's representative fails to object to the testimony;
2. The decedent's own representative testifies to the communication;
3. The decedent's testimony is brought before the jury in the form of a deposition or in another form.

In the United States there is no federal law imposing such a restriction,^[1] but about half of the U.S. States have enacted a dead man statute. Some states have enacted compromise variations to the rule. For example, in Virginia, an interested witness may only testify as to the statements of the deceased if this testimony is corroborated by a disinterested witness. In other states, such as Illinois, the rule has been expanded to prevent an interested party from testifying about communications with a minor or a legally incompetent person.

Notes

1. ^ See Federal Rules of Evidence, Rule 601 and accompanying notes