The judge presiding at the trial shall not testify in that trial as a witness. No objection need be made in order to preserve the error.
§ 2605.Competency of Judge As Witness
Chapter 40: Oklahoma Evidence Code · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 2605 bars the judge presiding at a trial from testifying as a witness in that same trial, and dispenses with the usual requirement that a party object to preserve the error.
Full Text of § 2605
Amendment History
Laws 1978, SB 276, c. 285, § 605, eff. 10/1/1978.
Plain-English Summary
A presiding judge cannot take the stand as a witness in the trial over which the judge is presiding. Section 2605 makes this bar self-enforcing: unlike most evidentiary objections, a party doesn't have to object at trial to preserve the error for appeal.
Frequently Asked Questions
Can a judge testify as a witness in a case they're presiding over?
No. Section 2605 flatly prohibits it.
Does a party need to object to preserve this issue for appeal?
No. Section 2605 says no objection need be made to preserve the error.
Does this bar apply to the judge testifying in other proceedings?
The prohibition is limited to testifying as a witness in that trial -- the one the judge is presiding over.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: judge testifying own trial oklahomaFRE 605 oklahomacompetency of judge as witness12 O.S. § 2605