Neb. Rev. Stat. » Chapter 27
Nebraska Revised Statutes

Neb. Rev. Stat. § 27-605 (2026)

Rule 605. Competency of judge as witness

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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The judge presiding at the trial may not testify in that trial as a witness. No objection need be made in order to preserve the point.

Notes of Decisions
Cited in 28 cases (2 in the last 5 years), 1981–2024 · leading case: State v. J.K. (In re Interest of J.K.), 915 N.W.2d 91 (Neb. 2018).
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State v. J.K. (In re Interest of J.K.), 915 N.W.2d 91 (Neb. 2018). · cites it 6× “Neb. Rev. Stat. § 27-605 (Reissue 2016) was drafted as a broad rule of incompetency designed to prevent a judge presiding at a trial from testifying as a witness in that trial on any matter whatsoever.”
State v. Lotter, 586 N.W.2d 591 (Neb. 1998). · cites it 8× “The prosecutors and trial court participated in ex parte communications with the prosecutors and provided essential and necessary assurances that the codefendant, Nissen, would not be subject to the death penalty if he testified against Lotter, in violation of Lotter's rights…”
State v. Jacob, 574 N.W.2d 117 (Neb. 1998). · cites it 4× “605, Neb.Rev.Stat. § 27-605 (Reissue 1995). We find no merit to this assignment of error.”
Vill. of Exeter v. Kahler, 606 N.W.2d 862 (Neb. Ct. App. 2000). · cites it 7× “Neb. Rev. Stat. § 27-605 (Reissue 1995) specifically prohibits a judge from acting as both judge and witness in the same proceedings.”
State v. Barker, 420 N.W.2d 695 (Neb. 1988). · cites it 6× “" Neb.Rev. Stat. § 27-605 (Reissue 1985). Neb.”
State v. Baird, 609 N.W.2d 349 (Neb. 2000). · cites it 3× “Neb. Rev. Stat. § 27-605 (Reissue 1995) provides: “The judge presiding at the trial may not testify in that trial as a witness.”
State v. Sims, 725 N.W.2d 175 (Neb. 2006). · cites it 2× “605, Neb. Rev. Stat. § 27-605 (Reissue 1995), a judge may not testify in a trial over which that judge is presiding.”
State v. Chase, 964 N.W.2d 254 (Neb. 2021). · cites it 2× “We need not determine whether Chase consented to the court’s continuances on May 28 and June 11, 2020, by responding “[o]kay” to the court’s statements from the bench about when trial could be scheduled.”
Cent. Platte Nat. Resources Dist. v. State, 513 N.W.2d 847 (Neb. 1994). · cites it 4× “605, Neb.Rev.Stat. § 27-605 (Reissue 1989). The court determined that Dr.”
State v. Jenson, 440 N.W.2d 686 (Neb. 1989). · cites it 4× “2d 695 (1988), the provisions of Neb.Rev.Stat. § 27-605 (Reissue 1985) prohibit a judge presiding at a trial from testifying in that trial on any matter whatsoever, and the fact that such a judge was not sworn as a witness does not remove his or her incompetency to testify.”
State v. Rhoads, 660 N.W.2d 181 (Neb. Ct. App. 2003). · cites it 2× “Neb. Rev. Stat. § 27-605 (Reissue 1995) provides: “The judge presiding at the trial may not testify in that trial as a witness.”
Everson v. O'KANE, 643 N.W.2d 396 (Neb. Ct. App. 2002). · cites it 2× “Neb. Rev. Stat. § 27-605 (Reissue 1995). “Papers requested to be noticed must be marked, identified, and made a part of the record.”
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