CHILDREN AND THE LAW
...The Child Witness
......Competency
.........Statutes
7 Cards On This Topic:
  • Every person is competent witness.
  • Witness incompetent if incapable of expressing self or understanding duty to tell truth.
  • In court trial, court may reserve challenges to competency until after witness testifies.
  • Court shall take special care to protect witnesses under age of 14 (or dependent persons with a substantial cognitive impairment).
  • Burden of establishing that witness incompetent to testify is on party objecting to admission of testimony.
  • Testimony of children under 10; instructions.
  • Testimony of a single competent witness sufficient to prove any point.