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.)
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