The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point.

ADVISORY COMMITTEE NOTE

This rule is the federal rule, verbatim, and is comparable to Rule 42, Utah Rules of Evidence (1971) except that under Rule 42, it is incumbent upon a party to object to the judge testifying. Compare Utah Code Annotated, § 78-24-3 (1953).