A party to a proceeding by or against a personal representative, heir, devisee, distributee,
or legatee as such, in which a judgment or decree may be rendered for or against them,
or by or against an incompetent person, may not testify concerning any transaction
with or statement made by the dead or incompetent person, personally or through an
agent since dead, unless called to testify by the opposite party, or unless the testimony
of the dead or incompetent person has been given already in evidence in the same proceeding
concerning the same transaction or statement.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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