Competent witness - sustany/dvg GitHub Wiki

A competent witness is one who has the sufficient mental capacity to perceive, remember, and narrate the incident they have observed. A competent witness must also be able to understand and appreciate the nature and obligation of an�oath. For example, a child who is unable to understand the meaning of an oath because of their young age is not a competent witness.

In�statutes�relating to the execution of�wills, a competent witness is a person who has�attested�to the will by�subscribing their name, and at the time they attested, could legally�testify�to the will in court. Additionally, persons legally disqualified from testifying because of mental incapacity, personal interest, or conviction of a crime are not competent witnesses.

A witness is generally presumed by the court to be�competent. As a result, a party wishing to challenge the competency of a witness must move to exclude the witness�s testimony under Federal Rule of Evidence 403.�