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Rule 605. Judge’s Competency as aWitness


The presiding judge may not testify asa witness at the trial. A party need not object to preserve the issue.



2011 Advisory Committee Note. – The language of this rule has beenamended as part of the restyling of the Evidence Rules to make them more easilyunderstood and to make style and terminology consistent throughout the rules.These changes are intended to be stylistic only. There is no intent to changeany result in any ruling on evidence admissibility. This rule is the federalrule, verbatim.




This rule is thefederal 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 thejudge testifying. Compare Utah Code Annotated, § 78-24-3 (1953).