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Massachusetts Guide to Evidence 2025 Edition MA R EVID § 601

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

(a) Generally. Every person is competent to be a witness unless a statute or the Massachusetts common law of evidence provides otherwise.

(b) Rulings. To be competent to testify, a witness must have

(1) the general ability or capacity to observe, remember, and give expression to that which the witness has seen, heard, or experienced, and

(2) an understanding sufficient to comprehend the difference between truth and falsehood, the wickedness of the latter, and the obligation and duty to tell the truth, and, in a general way, belief that failure to perform the obligation will result in punishment.

(c) Preliminary Questions. While the competency of a witness is a preliminary question of fact for the judge, questions of witness credibility are to be resolved by the trier of fact.

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Cite this article: FindLaw.com - Massachusetts Guide to Evidence 2025 Edition MA R EVID § 601 - last updated January 01, 2025 | https://codes.findlaw.com/ma/massachusetts-guide-to-evidence-2025-edition/ma-r-evid-sect-601/

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