MBE Rules · Evidence
Judge as Witness
FRE 605
The rule
The presiding judge may not testify as a witness in the trial, and no objection is required to preserve the point.
In plain English
The rule prohibits a judge from testifying as a witness in any case they are presiding over. This ensures that the judge remains impartial and does not influence the proceedings with their testimony.
Worked example
During a trial, the presiding judge witnessed an incident that is central to the case. Despite the relevance of their testimony, the judge cannot take the stand to testify about what they saw. As a result, the judge's observations cannot be introduced as evidence.
Memory hook
Judges judge, they don't testify!
The trap
Exams may present scenarios where a judge has relevant information, leading students to mistakenly think the judge can testify if no objection is raised. Remember, the rule is absolute regardless of relevance.
How examiners test it
Questions often involve a scenario where a judge has firsthand knowledge of a case, testing whether candidates recognize the prohibition against the judge testifying.
Drill this rule until it can't fail you.
Vrenberg generates unlimited questions on this exact rule, tracks your mastery of it, and brings it back until it sticks.