Dead man statute
Encyclopedia : D : DE : DEA : Dead man statute
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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 only applies 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 U.S there is 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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