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dead man's statute

   Also found in: Wikipedia 0.01 sec.
dead man's statute

A law of evidence employed in many states. One version says that a witness may not testify about oral statements made by a decedent (someone who has died) if the effect of the testimony would be to make the decedent's estate larger or smaller, even if the witness would not benefit one way or the other. Another version says witnesses cannot testify about statements made by a decedent if the witness would benefit from those alleged statements.(Be sure to clearly understand which is being used in a specific case.)



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The Dead Man's Statute is one exception to the presumption of competence.
In addition to repealing the Dead Man's Statute, this bill creates a new hearsay exception that allows the introduction of a written or oral statement previously made by an unavailable introduced by an adverse party.
5th DCA 1989), a summary judgment motion in a dead man's statute environment presents a particularly delicate issue, largely because of the specter of a waiver of its protection.
 
 
 
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