Evidence Code section 701

(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.

Source: Section 701, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=EVID§ionNum=701.­ (accessed Jun. 2, 2025).

Last Updated

May 12, 2025

§ 701’s source at ca​.gov