Rule 605. Judge’s Competency as a Witness


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



2011 Advisory Committee Note. – The language of this rule has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to be stylistic only. There is no intent to change any result in any ruling on evidence admissibility. This rule is the federal rule, verbatim.




This rule is the federal rule, verbatim, and is comparable to Rule 42, Utah Rules of Evidence (1971) except that under Rule 42, it is incumbent upon a party to object to the judge testifying. Compare Utah Code Annotated, § 78-24-3 (1953).