Section 8.4 When to Raise the Issue

• Library: Evidence 2017

D. (§8.4) When to Raise the Issue

Generally speaking, competency should be raised and resolved at the earliest possible time. Consideration also must be given to the representation and its goals. But an opponent should raise an objection before the witness gives testimony, or the issue may be waived. Upshaw v. Latham, 486 S.W.2d 656, 659 (Mo App. E.D. 1972); State v. Hastings, 477 S.W.2d 108, 111 (Mo. 1972). It is important to make a specific objection when challenging competency. Caselaw indicates that a...