Under the Dead Man's Act, which witness would be disqualified from testifying in a civil action?

• A. A witness who has a personal financial stake in the outcome
• B. The decedent's best friend
• C. The executor of the decedent's estate
• D. The party calling the witness

Answer: (A)

The Dead Man's Act bars testimony by someone who has a direct financial interest in the outcome of the civil action. That basic idea is to prevent biased testimony about the decedent’s statements or transactions. A witness who stands to gain or lose money depending on how the case resolves has a direct financial stake, making their testimony unreliable in the eyes of the rule. The decedent’s best friend generally has no financial stake in the outcome, so the rule wouldn’t automatically disqualify them. The executor of the decedent’s estate is acting in a fiduciary capacity, not because of a personal financial stake in the case outcome, so they’re not automatically disqualified solely on that basis. And simply being the party who calls a witness doesn’t by itself render someone disqualified—the key issue is the witness’s financial interest in the result.