Johnson v. Porter

This matter presents the issue of whether R.C. 2317.03, the “dead man’s” statute, has been either totally or partially abrogated by the adoption of Evid. R. 601 and 804(B)(5).

In pertinent part, R.C. 2317.03 states as follows:

“A party shall not testify when the adverse party is the guardian or trustee of either a deaf and dumb or an insane person or of a child of a deceased person, or is an executor or administrator, or claims or defends as heir, grantee, assignee, devisee, or legatee of a deceased person * * *r i>>1

*60Evid. R. 601 provides that “[e]very person is competent to be a witness” with…