Evidence

Elements of Competency

• Oath – possible to object even before they take
• the stand

Perception – ability to see events

Recollection – ability to recall the events

Narrative Ability – communicate those event

• Every person is competent to be a witness except
• as otherwise provided (presumption of competency)

• Test as to competency of children (Hill v. Skinner)

Does the child know of the obligation to tell the truth

Intellectual capacity of observation, recollection, and communication.

Judge gets to make the determination and the reviewing court can only change if there is an abuse of discretion. (Hill v. Skinner)