Unformatted text preview: an effort to rebut, mitigate, or explain.) Chapter Four: Witnesses
WITNESSES ARTICLE IV Witnesses: Competency FRE 601 606
Common law: 5 I's (1) insanity (2) infancy (3) infamy (609) (4) irreligion (610) (5) interest FRE 601: General Rule of Competency. Every person is competent to be a witness except as otherwise provided in these rules. However, in civil action claims and proceedings, with respect to an element of a claim or defense as to which State law supplies the rule of decision, the competency of a witness shall be determined in accordance with state law. Differences in Texas 601: Follows the common law in treating mentally incapable adults and young children as incompetent upon a finding by the court. o Federal Rule 601 purports to abolish any requirements of mental competency for cases governed by federal law, although in practice federal courts continue to hold competency hearings and exclude testimony of truly incapable witnesses, usually on the basis of irrelevancy. Retains a limited "Dead Man's Rule" for certain civil cases (FRE has no "de...
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