Competence to testify: presumed unless unable to understand questions or give rational answers due to age or illness. All persons are prima facie competent to testify unless the court determines they are prevented from understanding questions or from giving rational answers because of tender years, extreme old age, disease of body or mind, or other comparable causes; a person of unsound mind is not automatically incompetent unless their unsoundness prevents understanding questions and providing rational answers.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Competence to testify: presumed unless unable to understand questions or give rational answers due to age or illness.
All persons are prima facie competent to testify unless the court determines they are prevented from understanding questions or from giving rational answers because of tender years, extreme old age, disease of body or mind, or other comparable causes; a person of unsound mind is not automatically incompetent unless their unsoundness prevents understanding questions and providing rational answers.
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