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Illinois Statutes Chapter 725. Criminal Procedure § 5/115-14. Witness Competency

Current as of January 01, 2025 | Updated by Findlaw Staff

§ 115-14. Witness Competency. (a) Every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify to any matter, except as provided in subsection (b).

(b) 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 her; or

(2) Incapable of understanding the duty of a witness to tell the truth.

(c) A party may move the court prior to a witness' testimony being received in evidence, requesting that the court make a determination if a witness is competent to testify. The hearing shall be conducted outside the presence of the jury and the burden of proof shall be on the moving party.

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Cite this article: FindLaw.com - Illinois Statutes Chapter 725. Criminal Procedure § 5/115-14. Witness Competency - last updated January 01, 2025 | https://codes.findlaw.com/il/chapter-725-criminal-procedure/il-st-sect-725-5-115-14/

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