19:43
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LSDefine
Simple English definitions for legal terms
dead man's statute
Read a random definition: de novi operis nuntiatione
A quick definition of dead man's statute:
A dead man's statute is a law that says in a legal case, someone who has an interest in the case cannot talk about conversations they had with someone who has died. This is to make sure that the person who has died is not unfairly talked about and cannot defend themselves. There are three conditions that must be met before someone is not allowed to talk about the dead person: the dead person must have had a real interest in the case, the person talking must have an opposite interest, and someone must be representing the dead person's interest. Some states have this law, but it does not apply to written evidence in New York.
A more thorough explanation:
A dead man's statute is a law that prevents a party with an interest in a civil lawsuit from testifying against a deceased party about any conversations they had. This law is in place to prevent unfairness and injustice that may arise from allowing a surviving party to give testimony that is favorable to themselves and harmful to the deceased party, who cannot refute it because they are no longer alive.
For example, if a person is involved in a car accident and dies, their family cannot testify about any conversations they had with the other driver about the accident. This is because the deceased person cannot defend themselves or provide their own version of events.
There are three conditions that must be met before a surviving party or witness is disqualified from testifying under the dead man's statute:
- The deceased person must have had an actual right or interest in the matter at issue.
- The interest of the witness must be adverse to the deceased person.
- A right of the deceased must have passed to a party of record who represents the deceased's interest.
It's important to note that the Federal Rules of Evidence do not include a dead man's statute, but many states have adopted their own versions of this law.
For example, in New York, the dead man's statute does not apply to documentary and other tangible evidence. This means that if there is physical evidence, such as a written contract or a video recording, it can still be used in court even if one of the parties involved has passed away.