WITNESS COMPETENCY, OATH, & CONFRONTATION Flashcards
§ 700 - General Rule re Competency
Except as otherwise provided by statute, every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify to any matter.
§ 701 - Disqualification of Witness
(a) A person is disqualified to be a witness if he is:
(1) Incapable of expressing himself concerning the matter so as to be understood, either directly or through an interpreter; or
(2) Incapable of understanding the duty to tell the truth.
§ 702 - Personal Knowledge of Witness
(a) Subject to Section 801, the testimony of a witness concerning a particular matter is admissible only if he has personal knowledge of the matter. Upon objection, such personal knowledge must be shown before the witness may testify concerning the matter.
(b) Personal knowledge may be shown by any otherwise admissible evidence, including his own testimony.
§ 703 - Judge as Witness
(Judges can testify in a trial, but it goes to a mistrial.)
§ 703.5 - Judge, Mediator, Arbitrator as Witnesses
Judges, mediators, and arbitrators may only testify about statements, conduct, or rulings that occurred in a previous proceeding if the statement, conduct, or ruling could give rise to a finding of contempt, constitute a crime, is part of a state bar investigation, or support disqualification under CCP section 170.1.
However, this section does not apply to a mediator with regard to any mediation under Family Code section 3160, et seq.
§ 704 - Juror as Witness
(Jurors can testify as a witness in a trial, but it goes to a mistrial.)
§ 710 - Oath Required
Before testifying, every witness shall take an oath or make a declaration in the form provided by law.
The court may allow children under age 10 and dependent persons with a substantial cognitive impairment only to promise to tell the truth.
§ 711 - Confrontation
