Skip to content
NeCede's

Maxim 8.1.7

A judge cannot be a witness in his own case.

Judex non potest esse testis in propria causa.

Source: 4 Inst. 272; Co. Litt. 6b Difficulty 2/5 — Approachable

Explanation

One who sits in judgment may not also testify as a fact witness — the dual role destroys the safeguard of impartiality.

Where this applies

  • The judge wants to testify about what they personally witnessed in a case they're presiding over.
  • A judge claims to have seen the defendant commit the crime — can they also judge the case?

Legal domains

See also

Cite this maxim

NeCede Max. 8.1.7 — A judge cannot be a witness in his own case. — 4 Inst. 272; Co. Litt. 6b (Judex non potest esse testis in propria causa.)

Found an error? Suggest a correction →