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Current as of January 01, 2023 | Updated by FindLaw Staff
(a) A person is disqualified to be a witness if he or she is:
(1) Incapable of expressing himself or herself concerning the matter so as to be understood, either directly or through interpretation by one who can understand him; or
(2) Incapable of understanding the duty of a witness to tell the truth.
(b) In any proceeding held outside the presence of a jury, the court may reserve challenges to the competency of a witness until the conclusion of the direct examination of that witness.
Cite this article: FindLaw.com - California Code, Evidence Code - EVID § 701 - last updated January 01, 2023 | https://codes.findlaw.com/ca/evidence-code/evid-sect-701/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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