Rule 605. Competency of Judge as Witness

The judge presiding at the trial may not testify in that trial as a witness.

Note: This rule is identical to the first sentence of the federal rule and is consistent with South Carolina law providing that a judge may not testify as a witness in a case being tried before that judge. State v. Bagwell , 201 S.C. 387, 23 S.E.2d 244 (1942). The second sentence of the federal rule dispenses with the requirement of an objection to a judge being a witness. This sentence was deleted as being inconsistent with the law of this state. See State v. Torrence , 305 S.C. 45, 406 S.E.2d 315 (1991).