§ 701 [Grounds for Witness Disqualification]

Anyone can testify as a witness in court, but there are two situations where a person cannot. First, a person cannot testify if they are unable to communicate about what they saw or experienced in a way others can understand, even with help from an interpreter. Second, a person cannot testify if they do not understand that witnesses have a duty to tell the truth.

This means young children or people with certain mental or communication challenges might be found unable to testify, but only if they truly cannot communicate or cannot grasp the idea of telling the truth. Simply being young or having a disability does not automatically disqualify someone. The court looks at whether the specific person can actually communicate and understands they must be honest.

When a judge is deciding this question without a jury present, the judge can wait to rule on whether someone is allowed to testify until after that person has already answered questions from the attorney who called them. This gives the judge a chance to hear the person speak before deciding if they meet the requirements to be a witness.