Evidence: Testimonial Evidence: Witnesses: Dead Man's Statute

• Dead Man's Statute –In a civil action, an interested party may not testify against a dead party, or dead party's representative, about communications or transactions with the dead party.

• A person is interested if he stands to gain or lose by the judgment.

• Waiver: Dead person's rights may be waived if:
• Decedent's representative does not object to the testimony,
• Decedent's representative testifies about the transaction, or
• Decedent's testimony is introduced.

--May appear on MBE by telling us the case arises in a state with Dead Man's Statute --