Rule 605 - Judge's Competency As a WitnessThe judge presiding at the trial may not testify in that trial as a witness. A party need not object to preserve the issue.
EXPLANATORY NOTE Rule 605 was amended, effective 3/1/2014. This rule provides that a judge is wholly incompetent to testify in a trial over which the judge is presiding. Rule 605 was amended, effective 3/1/2014, in response to the12/1/2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility. SOURCES: Joint Procedure Committee Minutes of April 26-27, 2012, page 23;1/29/1976, page 12;10/1/1975, page 4. Fed.R.Ev. 605; Rule 605, SBAND proposal. SUPERSEDED: N.D.C.C. § 31-01-10.