§ 701 Witness Competency Requirements

Evidence Code·California

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Key Takeaways

•You can't be a witness if you can't talk clearly about what happened, even with help.
•You can't be a witness if you don't understand that you must tell the truth.
•In some court cases without a jury, the judge can wait until after a witness speaks to decide if they are allowed to be a witness.

Example

A little kid sees a car crash but doesn't speak clearly and doesn't understand what it means to tell the truth.

The kid can't be a witness in court because they can't explain what happened clearly and don't understand they must tell the truth.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 701 Witness Competency Requirements

(a) A person is disqualified to be a witness if he or she is: (1) Incapable of expressing himself or herself concerning the matter so as to be understood, either directly or through interpretation by one who can understand him; or (2) Incapable of understanding the duty of a witness to tell the truth. (b) In any proceeding held outside the presence of a jury, the court may reserve challenges to the competency of a witness until the conclusion of the direct examination of that witness. (Amended by Stats. 1985, Ch. 884, Sec. 2.)

Last verified: January 22, 2026

Key Terms

disqualified witness competency direct examination

References

Official text at leginfo.legislature.ca.gov
California Legislature. Evidence Code. Section 701.

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Key Takeaways

Example

Key Terms

Related Statutes

References