Rule 601 Competency to Testify in General; “Dead Man’s Rule”

(a) In General. Every person is competent to be a witness unless these rules provide otherwise. The following witnesses are incompetent:

(1) Insane Persons. A person who is now insane or was insane at the time of the events about which the person is called to testify.

(2) Persons Lacking Sufficient Intellect. A child—or any other person—whom the court examines and finds lacks sufficient intellect to testify concerning the matters in issue.

(b) The “Dead Man’s Rule.”

(1) Applicability. The “Dead Man’s Rule” applies only in a civil case:

(A) by or against a party in the party’s capacity as an executor, administrator, or guardian; or

(B) by or against a decedent’s heirs or legal representatives and based in whole or in part on the decedent’s oral statement.

(2) General Rule. In cases described in subparagraph (b)(1)(A), a party may not testify against another party about an oral statement by the testator, intestate, or ward. In cases described in subparagraph (b)(1)(B), a party may not testify against another party about an oral statement by the decedent.

(3) Exceptions. A party may testify against another party about an oral statement by the testator, intestate, ward, or decedent if:

(A) the party’s testimony about the statement is corroborated; or

(B) the opposing party calls the party to testify at the trial about the statement.

(4) Instructions. If a court excludes evidence under paragraph (b)(2), the court must instruct the jury that the law prohibits a party from testifying about an oral statement by the testator, intestate, ward, or decedent unless the oral statement is corroborated or the opposing party calls the party to testify at the trial about the statement.