Competence and Compellability

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• < Testimonial Evidence

Introduction

Any witness called to testify must have "competence" to testify and, if they are not participating voluntarily they must be "compellable".

The competence of a witness refers to whether a witness is legally permitted to testify and give evidence. The compellability of a witness refers to the power to force a competent witness to testify even if it's against their will.

Topics

• Compelling Attendance of Witnesses
• Oaths and Affirmations
• Competence of Witnesses to Testify (Competence of Children and Witnesses of Diminished Capacity)
• Spousal Immunity