§605 Competency of Judge as Witness

• Library: Evidence Restated Deskbook (2021 Ed.)

§605 Competency of Judge as Witness

The presiding judge may not testify as a witness at the trial.

Notes

"[I]t is improper for a trial judge to leave the bench and take the stand as a witness in the case before him on controverted matters. . . . However he does not thereby lose jurisdiction, though it may be ground for reversal if objection is made." In re Elam, 211 S.W.2d 710, 717 (Mo. banc 1948) (dicta), cert. denied, 335 U.S. 872 (1948).

The Missouri Code of Judicial Conduct requires that a judge likely to be a "material witness" in a proceeding recuse him- or herself in the proceeding. Rule 2.2.11(A)(2)(d). The Due Process Clauses of the federal and state...