Dead man statute
Encyclopedia
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:
In the United States
there is no federal law imposing such a restriction, but about half of the U.S. State
s 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.
Perjury
Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the...
in a civil case by prohibiting a witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
who is an interested party from testifying
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
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
Criminal law
Criminal law, is the body of law that relates to crime. It might be defined as the body of rules that defines conduct that is not allowed because it is held to threaten, harm or endanger the safety and welfare of people, and that sets out the punishment to be imposed on people who do not obey...
cases.
The restriction can be waived. A waiver can occur in a number of ways:
- The decedent's representative fails to object to the testimony;
- The decedent's own representative testifies to the communication;
- The decedent's testimony is brought before the jury in the form of a deposition or in another form.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
there is no federal law imposing such a restriction, but about half of the U.S. State
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s have enacted a dead man statute. Some states have enacted compromise variations to the rule. For example, in Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
, 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
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, the rule has been expanded to prevent an interested party from testifying about communications with a minor or a legally incompetent person.