Rule 601 Competency to Testify in General

Almost anyone can be a witness in a Michigan court case. The law starts with the assumption that people are capable of testifying.

A judge can decide someone is not allowed to testify if that person cannot understand what is happening, cannot communicate clearly, or does not understand the need to tell the truth. The judge may ask the person questions to figure this out before allowing them to testify.

This rule matters most in cases where a witness might have a mental illness, a disability, or be very young. The court looks at whether the person can understand and answer questions honestly, not whether they seem credible or believable.