Maxim 9.1.10
No one alleging his own wrongdoing is to be heard as a witness.
Nemo turpitudinem suam allegans audiendus est.
Source: 4 Inst. 279; Best, Ev. §385; Weisman, 39ii
Difficulty 2/5 — Approachable
Explanation
A person who would profit from his own wrong is not a credible witness; the law does not receive testimony grounded in the witness's own turpitude.
Where this applies
- Someone who committed fraud is now trying to testify about it to benefit themselves.
- A party wants to use their own wrongdoing as leverage to win the case.
- The person testifying would directly profit from the court believing their story about their own misconduct.
Topics
Legal domains
See also
Cite this maxim
NeCede Max. 9.1.10 — No one alleging his own wrongdoing is to be heard as a witness. — 4 Inst. 279; Best, Ev. §385; Weisman, 39ii (Nemo turpitudinem suam allegans audiendus est.)
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