Sec. 115-14. Witness Competency.

140 words·~1 min read·/il/chapter-725/act-5/115-14

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify to any matter, except as provided in subsection (b).

(b)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 her; or

(2)Incapable of understanding the duty of a witness to tell the truth.

(c)A party may move the court prior to a witness' testimony being received in evidence, requesting that the court make a determination if a witness is competent to testify. The hearing shall be conducted outside the presence of the jury and the burden of proof shall be on the moving party.