Section 11.21 Motions Directed to Competency of Witnesses
| Library | Civil Trial Practice 2015 Supp |
5. (§11.21) Motions Directed to Competency of Witnesses
General competency of witnesses is governed by Chapter 491, RSMo. Section 491.010, RSMo 2000, addresses the circumstances under which the declarations of a deceased will be admissible into evidence, and § 491.060, RSMo 2000, provides that those persons who are incompetent to testify include the mentally incapacitated, children under ten (with certain exceptions), and an attorney, physician, or minister of the gospel regarding privileged communications made to them in confidence.
The hearing on the competency of a witness should take place outside the hearing...
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