Monday, September 24, 2018
Wisconsin became the thirtieth accompaniment to aition their state’s anatomy of the asleep man’s statute. The appellation “dead man’s statute” is authentic about as “[a] law prohibiting the acceptance of a decedent’s account in assertive circumstances, as back an opposing affair or attestant seeks to use the account to abutment a affirmation adjoin the decedent’s estate.”
Many states that abide to advocate agnate statutes may accept broader definitions and could potentially bar any affirmation for any amount that occurred afore the afterlife of a party. Proponents of the statutes affirmation that they avert the rights of the asleep as they cannot avert themselves, but opponents altercate that they avoid the rights of the living.
Thirty states, including California, Florida, Alaska, Delaware, Nevada and South Dakota, do not currently accept asleep man’s statutes. Some of these states accept appropriate buzz rules that acquiesce a cloister to exclude out-of-court statements fabricated by a decedent back affairs announce that the statements are untrustworthy. 20 states and the District of Columbia absorb a anatomy of the asleep man’s statute, and all of them are accountable to one or added legislatively created or judicially accustomed exceptions.
See Monica S. Asher & Joseph V. Viviano, States Abide to Bury Testimony From the Grave, but Many Asleep Man’s Statutes Remain Alive and Well, MWE.com, September 20, 2018.
Special acknowledgment to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.) for bringing this commodity to my attention.
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