TITLE SIX — WITNESSES
Rule 601. Competency
Generally. Every person is competent to be a witness unless a statute or the Ridgeway common law of evidence provides otherwise.
Rulings. A person is competent to be a witness if he or she has:
the general ability or capacity to observe, remember, and give expression to that which he or she has seen, heard, or experienced, and
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.
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.
Presumption; Burden. Every person offered as a witness is presumed competent. The party contending that a witness is incompetent bears the burden of raising the question and of producing evidence sufficient to call the presumption into doubt. The proponent of the witness thereafter bears the burden of satisfying the court, by a preponderance of the evidence, that the witness meets both requirements of subdivision (2). A ruling that a witness is competent is not a ruling that the witness is credible, and the court shall not comment upon the weight of the testimony in making it.
Matters That Do Not Affect Competency. None of the following renders a person incompetent to be a witness, and each is a matter of credibility only:
the age of the witness;
an interest in the outcome of the proceeding, including that the witness is a party, a victim, a co-defendant, an informant, or a person testifying under a cooperation agreement governed by Rule 1102;
that the witness has received or expects a benefit, immunity, or consideration for testifying, including immunity conferred under 6 R. Stat. § 131.303 and Rid. R. Crim. P. 17.1;
that the witness was intoxicated or otherwise impaired at the time of the events observed, so long as the witness presently satisfies subdivision (2);
that the witness’s account of the events is inconsistent, incomplete, or contradicted; or
Voir Dire on Competency.
Raising the Question. A party who intends to challenge the competency of a witness shall raise the question before the witness is sworn, unless the ground for the challenge first appears during the testimony, in which event the party shall raise it as soon as the ground appears. A challenge not timely raised is waived, except that the court may consider competency on its own at any time.
Conduct of the Examination. Upon a challenge, or on its own, the court may conduct a preliminary examination of the proposed witness directed to the requirements of subdivision (2). The court may permit counsel for each party to examine the proposed witness upon those requirements, and may limit the examination in scope and duration under Rule 611(1). The examination shall be conducted upon the record.
Preliminary Questions; Applicable Law. The court is not bound by the law of evidence in deciding a question of competency, except that of privilege, as Rule 104(1) provides.
Jury Not Present. Where a jury sits, the examination shall be conducted so that the jury does not hear it, as Rule 104(3) requires. In a trial without a jury the examination is conducted upon the record in the proceeding communications.
Ruling; Findings. The court shall state its ruling upon the record and, where the witness is found incompetent, shall state the requirement of subdivision (2) which the witness fails to meet. A party aggrieved by the exclusion of a witness shall make an offer of proof as Rule 103(1)(b) requires.
Continuing Nature of the Ruling. A finding of competency is subject to reconsideration if, during the testimony, it appears that the witness no longer satisfies subdivision (2). The court may strike testimony already given and instruct the fact finder to disregard it.
Competency of a Child.
No Minimum Age. No person is incompetent to be a witness by reason of age alone. A child is competent if the child satisfies both requirements of subdivision (2).
Examination. The court shall examine a child whose competency is challenged, in a manner suited to the child’s understanding, to determine whether the child is able to observe, remember, and communicate the matters in question, and whether the child understands the difference between truth and falsehood and the duty to tell the truth.
Form of the Undertaking. Where a child understands the duty to tell the truth but does not comprehend the form of oath prescribed by Rule 603(2) or (3), the court shall administer the simplified promise prescribed by Rule 603(4)(c). A promise so given is an oath for every purpose of these rules and for the purposes of R.C.C. § 2.10.
Protection of the Child Witness. The court shall exercise its control under Rule 611(1)(c) to protect a child witness from harassment and undue embarrassment, and may regulate the form of questions, the duration of examination, and the manner in which the child appears.
Impaired Capacity. A person is not incompetent by reason of illness, infirmity, mental illness, or the influence of any substance, unless the condition prevents the person from satisfying subdivision (2) at the time of testifying. The court may receive evidence of such a condition upon the question of competency, and, once the witness is found competent, a party may develop the condition upon cross-examination as bearing on credibility under Rule 611(2).
Witness Testifying Through the Proceeding Communications.
Application. A witness who testifies in the proceeding communications, or from within the game environment of this State, is subject to this rule and to Rule 603 to the same extent as a witness appearing in any other manner.
Identification. A witness shall be identified upon the record by username. Before being sworn, the witness shall state upon the record that the account from which the witness appears is the witness’s own account and that the witness is the person named in the summons or subpoena, if any.
The Account as the Record of Appearance. The account through which a witness appears is the record of who testified. No system of the State verifies that the person operating an account is the person the account names. A dispute as to the identity of a person appearing as a witness is a preliminary question for the court under Rule 104(1), and evidence of identity may be received as Rule 901(2) provides.
Capacity to Communicate. A witness who is unable to observe, hear, read, or transmit in the manner in which the proceeding is being conducted is not for that reason incompetent. The court shall, where justice so requires, appoint an interpreter under Rule 604, order that the proceeding or a part of it be conducted in another manner, or continue the matter.
Conditions of Testimony. The court may require a witness appearing in the proceeding communications to state upon the record that no other person is present with, communicating with, or supplying answers to the witness, and to abstain from consulting any writing except as Rule 612 permits. Rule 611(15) governs the conduct of such testimony.
Competency in Criminal Proceedings. The law regarding the competency of evidence and witnesses in civil proceedings applies in criminal proceedings, as 6 R. Stat. § 131.304 provides. This rule accordingly governs alike in every civil action, criminal proceeding, grand jury proceeding, expungement proceeding, and administrative court proceeding of this State.
Persons Disqualified by Rule or Statute. Notwithstanding subdivision (1), the following persons are not competent to testify to the matters stated:
a grand juror, as to how any grand juror voted or what opinion any grand juror expressed, as 6 R. Stat. § 131.109 provides, and as to the deliberations or vote of the grand jury, as 6 R. Stat. § 131.110 provides;