![]() Neither the presiding judge nor a jury member may be called as a witness in that case.A witness (other than an expert witness – see Rule 703) must have personal knowledge of the matter about which he or she is called to testify.A witness is disqualified if the witness is unable to express himself or herself in a manner that can be understood, either directly or through an interpreter, or is incapable of understanding the duty to tell the truth.However, the broad qualification of all competent witnesses is limited by several key exceptions applicable to criminal cases, including: 191 (1985) (witnesses who were abusers of alcohol and hallucinogens, and were impaired on the night in question, were not incompetent to testify). 646 (1986) (“unsoundness of mind is not per se grounds for ruling a witness incompetent under Rule 601”) State v. 1 (1987) (16-year-old witness with mental functioning of a child was competent) In re Will of Leonard, 82 N.C. 699 (2010) (elderly witness who had intermittent difficulty understanding the truth and testifying coherently was still competent) State v. Courts have similarly found elderly, disabled, mentally ill, or drug-addicted witnesses to be competent, as long as they satisfied the criteria for competency under the rules of evidence. For example, children as young as four years old have been found competent to testify. 8-49 (witness not excluded by interest or crime). Legal OverviewĮvery person is deemed competent to be a witness, except as otherwise provided in the rules of evidence. ![]() The summary below is adapted from the related Trial entry on Examination of Witnesses: Overview, Competency, and Qualifications. This provision has virtually no applicability to criminal proceedings, so it is not discussed in this entry. 8C-106(c), addresses the disqualification of “interested persons,” meaning persons who stand to inherit property or acquire title from a deceased or incompetent person. ![]() 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 as to be understood, either directly or through interpretation by one who can understand him or her, or (2) incapable of understanding the duty of a witness to tell the truth. (b) Disqualification of witness in general. Every person is competent to be a witness except as otherwise provided in these rules. Rule 601 – General Rule of Competency Disqualification of Witnesses
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