Dead man's statute - sustany/dvg GitHub Wiki

A dead man's statute states that in a civil action, a party with an interest in the litigation may not testify against a dead party about communications with the dead party. In Larkin v. Metz, 398 Pa.Super. 235, the court noted that the �purpose of the Dead Man's Statute is to prevent the injustice that may result from permitting a surviving party to a transaction to give testimony favorable to himself and adverse to the decedent, which the decedent's representative would be in no position to refute by reason of the decedent's death�. The court further laid down the three conditions which must exist before the surviving party or witness is disqualified which include: "(1) the deceased must have had an actual right or interest in the matter at issue, i.e. an interest in the immediate result of the suit; (2) the interest of the witness � not simply the testimony � must be adverse; (3) a right of the deceased must have passed to a party of record who represents the deceased's interest."

The Federal Rules of Evidence does not contain a dead man's statute, but many states have adopted a dead man's statute in their evidence rules. However, in Clark v. Meyerthe court noted that under New York law, a dead man's statute does not apply to documentary and other tangible evidence.