Rule Text
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.
Amendment history: s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361; s. 1, ch. 78-379; s. 482, ch. 95-147.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
A witness must meet two basic requirements to testify in court. They need to be able to communicate clearly enough to be understood, either on their own or through an interpreter. They also need to understand that they must tell the truth when testifying.
If a judge decides someone cannot meet these requirements, that person will not be allowed to testify. This can apply to anyone, including children or people with certain mental or physical conditions that affect their ability to communicate or understand their duty to be honest.