A person is disqualified to testify as a witness when the court determines that the person is:
- (1) Incapable of expressing himself or herself concerning the matter in such a manner as to be understood, either directly or through interpretation by one who can understand him or her.
- (2) Incapable of understanding the duty of a witness to tell the truth.
Exceptions to Competency: While the general rule is that everyone is competent to be a witness, this statute lays out the only two specific reasons a judge can completely disqualify someone from testifying.
It's important to note that issues like faulty memory, bias, or a prior criminal conviction are not grounds for disqualification; instead, they are issues that go to the witness's credibility, which the jury weighs.
A person can only be disqualified if they are:
- (1) Incapable of Expressing Themselves: This means a person cannot communicate about the subject in a way that can be understood, even with the help of an interpreter. This is a very high standard and applies only in rare circumstances.
- (2) Incapable of Understanding the Duty to Tell the Truth: This means the witness does not understand the difference between truth and falsehood or does not appreciate the moral or legal obligation to be truthful in court. This is most often considered with very young children, but even then, most children are found competent to testify as long as they can demonstrate a basic understanding of this duty.
