Witness competence

• Author: Judge Gregory H. Ward/Judge Audra Ibarra
• Profession: Retired Judge, serving as a Judge of the Santa Clara County Superior Court from 1990 to 2010/Santa Clara County Superior Court Judge
• Pages: 167-188

WITNESS

COMPETENCE

6-1

CHAPTER 6

WITNESS COMPETENCE

I. PRINCIPLES

A. General Points

§6:10 Def‌initions and Presumptions

§6:20 Personal Knowledge Distinguished

§6:30 Requirement of Oath

§6:40 Impeachment Distinguished

§6:50 Privilege Distinguished

§6:60 Physical Impairment or Inability to Speak English Distinguished

§6:70 Person as Exhibit Distinguished

§6:80 Hearsay Distinguished

B. Procedure

§6:90 Raising and Determining Competency

§6:100 In Limine Motions and Voir Dire Hearing

§6:110 Effect of Competency Determination

II. OBJECTIONS

§6:120 Oath or Aff‌irmation Not Given

§6:130 Youth

§6:140 Mental Impairment

§6:150 Lack of Personal Knowledge

§6:160 Drug-Induced or Hypnotically Refreshed Testimony

§6:170 Judge, Juror or Attorney as Witness

WITNESS

COMPETENCE

(Τηισ παγε ιντεντιοναλλψ λεφτ βλανκ.)