Is a person incompetent and disqualified to be a witness?
California, United States of America
The following excerpt is from People v. Larson, B292764 (Cal. App. 2020):
(Evid. Code, 700.) "A person is incompetent and disqualified to be a witness if he or she is '[i]ncapable of expressing himself or herself concerning the matter so as to be understood, either directly or through interpretation by one who can understand him' (Evid. Code, 701, subd. (a)(1)), or is '[i]ncapable of understanding the duty of a witness to tell the truth.' (Evid. Code, 701, subd. (a)(2).)" (People v. Lewis (2001) 26 Cal.4th 334, 360.)9
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