AL · rules
Ala. R. Evid. 605
Competency of judge as witness
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.
History
Advisory Committee’s Notes Consistent with long-recognized Alabama authority, this rule makes a judge absolutely disqualified from testifying in the trial over which he or she is presiding. See Blackburn v. Tompkins, 46 Ala.App. 571, 246 So.2d 459 (1971); Estes v. Bridgforth, 114 Ala. 221, 21 So. 512 (1897); Dabney v. Mitchell, 66 Ala. 495 (1880). Ala.R.Evid. 605 is adopted without change from the corresponding federal rule. See Fed.R.Evid. 605. Violation of this rule may be determined on appeal to constitute reversible error, without regard to whether an objection was made at the trial. A party has an “automatic” objection.
Provenance
- Source
- judicial.alabama.gov
- Retrieved
- 2026-09-15
- Edition
- 2026-09-15
- Content hash
140495adbd63b9d17fa0741f7a14ee25732f05449f27021592b2e67ee7159956
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