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Evidence Fall 2022
Resource 3 . 1 . 9
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Rule 605

Prof. Nina Chernoff

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

Excerpt from Advisory Committee Notes:

The rule provides an “automatic” objection. To require an actual objection would confront the opponent with a choice between not objecting, with the result of allowing the testimony, and objecting, with the probable result of excluding the testimony but at the price of continuing the trial before a judge likely to feel that his integrity had been attacked by the objector.

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