{"code":"EVID","codeName":"Evidence Code","section":"701","citation":"Evid. Code, § 701","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"DIVISION 6. WITNESSES [700. - 795.]","url":"https://blackletter.si/evidence-code/division-6"},{"name":"CHAPTER 1. Competency [700. - 704.]","url":"https://blackletter.si/evidence-code/division-6/chapter-1"}],"history":"Amended by Stats. 1985, Ch. 884, Sec. 2.","effective":null,"html":"<p>(a) A person is disqualified to be a witness if he or she is:</p><p>(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</p><p>(2) Incapable of understanding the duty of a witness to tell the truth.</p><p>(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.</p>","text":"(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.","otherVersions":[],"url":"https://blackletter.si/evidence-code/competency-701","source":"California Legislative Information bulk export (pubinfo)"}