Rule 605. Judge’s Competency as a
Witness
The presiding judge may not testify as
a witness at the trial. A party need not object to preserve the issue.
2011 Advisory Committee Note. – The language of this rule has been
amended as part of the restyling of the Evidence Rules to make them more easily
understood and to make style and terminology consistent throughout the rules.
These changes are intended to be stylistic only. There is no intent to change
any result in any ruling on evidence admissibility. This rule is the federal
rule, verbatim.
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).