Rule 605. Competency of Judge as Witness

• Library: South Carolina Evidence Annotated (SCBar) (2020 Ed.)

Rule 605. Competency of Judge as Witness

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

Note:

This rule is identical to the first sentence of the federal rule and is consistent with South Carolina law providing that a judge may not testify as a witness in a case being tried before that judge. State v. Bagwell, 201 S.C. 387, 23 S.E.2d 244 (1942). The second sentence of the federal rule dispenses with the requirement of an objection to a judge being a witness. This sentence was deleted as being inconsistent with the law of this state. See State v. Torrence, 305 S.C. 45, 406 S.E.2d 315 (1991).

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