0
his testimony bounded by his oath or affirmation of truth under the pain of perjury.
Another View:
"Competent" is defined as "having suitable or sufficient skill, knowledge, experience, etc., for some purpose; properly qualified." Clemons v. Crawford, 2009 U.S. App. LEXIS 24596 (8th Cir. 2009)
In other words, the witness is qualified and capable of giving testimony about the subject matter on which they are being questioned.
Wiki User
∙ 13y ago
Add your answer:
Earn +20 pts
What is the difference between a competent witness and a compellable witness?
A competent witness it one who can understand questions put to them and can reply in an understandable manner. A witness may be found not competent if they have a mental disease the makes them unable to testify meaningfully, such as schizophrenia or dementia. A compellable witness is one that can be forced by law to testify. Almost all competent witnesses are compellable, but there are exceptions. For example, a spouse can be competent but cannot be compelled to testify against their mate.
Can any person who is mentally competent testify in a criminal trial?
Any witness may testify in a criminal trial, the competency would be determined by the cross examination. You would have to further define what you mean by "competent?"Added: If the witness has previously been declared mentally incompetent by the court or by psychiatric exam, it is doubtful that the opposing attorney would even allow the individual to give testimony without challenging their status to the court.
What are the basic requirements for a person to qualify as a competent witness in civil court?
Generally, anyone who has personal knowledge of relevant matters, is able to understand the importance of telling the truth, and is willing to take the oath (swear to tell the truth) is competent to be a witness unless a statute or rule says otherwise (for example under Federal Rule of Evidence 605, the judge presiding over the case cannot be a witness in that same case).
Can they use heresay when children under the age of 12 testify in court in Kentucky?
The concern is likely whether a child will be considered a competent witness in court, depending on age, rather than whether hearsay will be allowed. Generically, hearsay is not allowed unless there is some exception to the rule disallowing it, or an exemption. there are no exceptions or exemptions due to the declarent's age. It may be possible in some circumstances that if the child is older than 3, and they are the victim or a witness of a serious crime, they may very well be called as a witness. The appropriate hearsay objection would be when the child witness is asked what someone else said.
what is the guideline for expert witness testimony at the court?
The guideline for expert witness testimony at the Court is 'Testifying in Court: Guidelines and Maxims for the Expert Witness'. Stanley L. Brodsky is the author of this book.
Can a resigned cop come to court in be a witness?
Anyone can be called to court to be a witness, including a resigned cop.
Who is competent to amend the fundamental rights?
supreme court
How can a witness get out of testifying in court?
Once you are subpoenaed you can not get out of it.
What criteria might be used to establish someone to be an expert witness?
The court decides on whether a witness is qualified as an "expert witness" or not.
How old do you have to be to approach the witness stand?
On witness's statement to investigators - no. On the usability and admissability of them in court - yes.
Can a husband obtain a POA over incompetent wife with dementia without using an attorney?
Absolutely not. A person must be legally competent to execute a POA. The husband must petition the court to be appointed her guardian.Absolutely not. A person must be legally competent to execute a POA. The husband must petition the court to be appointed her guardian.Absolutely not. A person must be legally competent to execute a POA. The husband must petition the court to be appointed her guardian.Absolutely not. A person must be legally competent to execute a POA. The husband must petition the court to be appointed her guardian.
What tool can the court use to force a reluctant witness to appear for a deposition?
The court can issue a Supoena which orders a witness to appear ; see related link below .
