What is the test for determining the competency of a witness in a civil case?
MultiRegion, United States of America
The following excerpt is from U.S. v. Heath, 528 F.2d 191 (9th Cir. 1975):
A district judge has broad discretion in determining the competency of a witness to testify, and we cannot disturb a district judge's determination in this respect absent our conviction that there has been an abuse of discretion. United States v. Barnard, 490 F.2d 907, 912 (9th Cir. 1973), cert. denied, 416 U.S. 959, 94 S.Ct. 1976, 40 L.Ed.2d 310 (1974). See also United States v. Benn, 155 U.S.App.D.C. 180, 476 F.2d 1127 (1972).
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