Evidence: Testimonial Evidence: Witnesses: Competency

Testimonial Evidence: Witnesses

  • Competency of witnesses – for witnesses to be considered competent to testify, they must have personal knowledge of the matter about which they testify and take an oath (which demonstrates an understanding of the obligation to tell the truth, and a promise to tell the truth).
    • MBE Rule on Testimony by children: Child may testify under oath, so long as the child understands the obligation to tell the truth and promises to tell the truth.