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Rule 605 Competency of judge as witness

Article VI. Witnesses

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Rule Text

The judge or chancellor presiding at the trial may not testify in that trial. No objection need be made in order to preserve the point.

Plain-English Summary (for reference only — not a substitute for the rule text above)

This summary is not the rule. The rule text controls.

The judge running a trial cannot also be a witness in that same trial. This keeps things fair, since a judge who testifies would be mixing two very different jobs: deciding the case and giving evidence about it.

If a judge tries to testify, the lawyers don't have to speak up and object to protect their client's rights on this issue. The problem is automatically preserved, meaning it can still be raised later, such as on appeal, even if nobody objected at the time.

Committee Notes

Advisory Commission Comments.

The rule would change Tennessee law. T.C.A. § 24-1-205 [repealed] permits trial testimony by a presiding judge. The commission thought it wiser to avoid this awkward practice. See also Canon 3 of the Code of Judicial Conduct.

Of course a judge could testify in a later collateral attack proceeding. The subsequent proceeding would not be "that trial."

The rule does not change a judge's power to notice facts or law under Rules 201 and 202.

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Last updated: August 2026

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