What is the general rule about competency to testify?

What is the general rule about competency to testify?

• A. Only experts can testify
• B. Every person is competent to be a witness unless rules provide otherwise
• C. Children are never competent
• D. Competence depends on the witness's credibility

Answer: (B)

Competency to testify is a threshold admissibility rule. By default, every person is allowed to testify unless a rule says otherwise; the focus is on whether the witness can perceive, remember, understand questions, and tell the truth. This is why the statement that “every person is competent to be a witness unless rules provide otherwise” best fits the rule. Expert status is not required for testimony—lay witnesses can testify about their observations. Children can be competent too if they understand the questions and can relate their perceptions and memories; credibility, which speaks to how believable a witness is, comes into play later during evaluation of the testimony, not at the competency stage. The other options misstate the rule by limiting who may testify or tying competence to credibility.

Competency to testify is a threshold admissibility rule. By default, every person is allowed to testify unless a rule says otherwise; the focus is on whether the witness can perceive, remember, understand questions, and tell the truth. This is why the statement that “every person is competent to be a witness unless rules provide otherwise” best fits the rule. Expert status is not required for testimony—lay witnesses can testify about their observations. Children can be competent too if they understand the questions and can relate their perceptions and memories; credibility, which speaks to how believable a witness is, comes into play later during evaluation of the testimony, not at the competency stage. The other options misstate the rule by limiting who may testify or tying competence to credibility.