Dead man statute

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Evidence

Part of the common law series
Types of evidence
Testimony · Documentary evidence
Physical evidence · Digital evidence
Exculpatory evidence · Scientific evidence
Demonstrative evidence · Real evidence
Eyewitness identification · DNA · Lies
Relevance
Burden of proof · Laying a foundation
Subsequent remedial measure
Character evidence · Habit evidence
Similar fact evidence
Authentication
Chain of custody
Judicial notice · Best evidence rule
Self-authenticating document
Ancient document
Witnesses
Competence · Privilege
Direct examination · Cross-examination
Impeachment · Recorded recollection
Expert witness · Dead man statute
Hearsay (and its exceptions)
Hearsay: in U.K. law · in U.S. law
Confessions · Business records
Excited utterance · Dying declaration
Party admission · Ancient document
Declarations against interest
Present sense impression · Res gestae
Learned treatise · Implied assertion
Other areas of the common law
Contract law · Tort law · Property law
Wills and Trusts · Criminal law

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,^[1] but about half of the U.S. States have enacted a dead man statute.