![]() This test applies to all potential witnesses. Subsection (b). This subsection is taken nearly verbatim from Commonwealth v. 915, 916 (1983) (“The probate judge acted well within his sound discretion in declining to have a conference in camera with the son of the parties, then twelve years old . . . .”). 43(a) (witness testimony, and assessment of the competency of a witness, must be done orally in open court) Hayden v. See also Section 504, Spousal Privilege and Disqualification Parent-Child Disqualification Section 511, Privilege Against Self-Incrimination. be allowed to testify” and “an unemancipated, minor child, living with a parent, shall not testify before a grand jury, trial of an indictment, complaint or other criminal proceeding, against said parent”). 233, § 20 (with certain exceptions, “neither husband nor wife shall testify as to private conversations with the other” “neither husband nor wife shall be compelled to testify in the trial of an indictment, complaint or other criminal proceeding against the other” “defendant in the trial of an indictment, complaint or other criminal proceeding shall, at his own request. A person otherwise competent to be a witness may still be disqualified from testifying. Subsection (a). This subsection is derived from G. 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. ![]() (2) 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. (1) the general ability or capacity to observe, remember, and give expression to that which the witness has seen, heard, or experienced, and To be competent to testify, a witness must have Every person is competent to be a witness unless a statute or the Massachusetts common law of evidence provides otherwise.
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