Dead man statute

Dead man statute

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 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 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, [ [http://www.law.cornell.edu/rules/fre/rules.htm#Rule601 See Federal Rules of Evidence, Rule 601 and accompanying notes] ] but about half of the U.S. States have enacted a dead man statute.

Notes


Wikimedia Foundation. 2010.

Игры ⚽ Поможем сделать НИР

Look at other dictionaries:

  • Dead Man (disambiguation) — Dead Man may refer to: * Someone who is dead * Dead Man , a 1995 film written and directed by Jim Jarmusch * The Dead Man , a 1989 comic strip in 2000 AD * Dead Man (Pearl Jam song) * The Dead Man , a 1946 short story by Jorge Luis Borges * Dead… …   Wikipedia

  • Dead Man's Statute — Evidence Part of the …   Wikipedia

  • dead man's statute — An evidential disqualification which renders inadmissible oral promises or declarations of a dead person when offered in support of their claims by those who bring claims against the estate of the dead person. The last vestige of the… …   Black's law dictionary

  • dead man's statute — An evidential disqualification which renders inadmissible oral promises or declarations of a dead person when offered in support of their claims by those who bring claims against the estate of the dead person. The last vestige of the… …   Black's law dictionary

  • dead man's statute — n: a law barring the testimony of a person with an interest in an estate regarding any conversation with or any event taking place in the presence of the decedent – called also dead man act, dead man s act; Merriam Webster’s Dictionary of Law.… …   Law dictionary

  • Dead man — See also: Deadman (disambiguation) Dead man or Dead Man may refer to: Someone who is dead Dead Man, a 1995 film written and directed by Jim Jarmusch Dead Man (soundtrack), the soundtrack album by Neil Young for the 1995 film The Dead Man, a 1989… …   Wikipedia

  • dead man's part — In English law, that portion of the effects of a deceased person which, by the custom of London and York, is allowed to the administrator; being, where the deceased leaves a widow and children, one third; where he leaves only a widow or only… …   Black's law dictionary

  • dead man's part — In English law, that portion of the effects of a deceased person which, by the custom of London and York, is allowed to the administrator; being, where the deceased leaves a widow and children, one third; where he leaves only a widow or only… …   Black's law dictionary

  • dead — I adjective at rest, bereft of life, breathless, buried, cadaverous, deceased, defunct, demised, departed, departed this life, deprived of life, destitute of life, devoid of life, dormant, ended, exanimate, expired, extinct, extinguished,… …   Law dictionary

  • Evidence (law) — The law of evidence governs the use of testimony (e.g., oral or written statements, such as an affidavit) and exhibits (e.g., physical objects) or other documentary material which is admissible (i.e., allowed to be considered by the trier of fact …   Wikipedia

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”