Rule 601. General rule of competency
Source:
Section 40.310 — Rule 601. General rule of competency, https://www.oregonlegislature.gov/bills_laws/ors/ors040.html.
See also annotations under ORS 44.020 in permanent edition.
Notes of Decisions
Under former similar statute (ORS 44.020)
Testing of witness competency by cross-examiner is properly limited to questions about past or present medical treatment that relate specifically to witness ability to perceive, remember and relate matters about which witness testified. State v. Longoria, 17 Or App 1, 520 P2d 912 (1974), Sup Ct review denied
Under Evidence Code
Because this rule, like statutory predecessors, addresses only competency of witness, it does not make inapplicable case law rule that, if child is otherwise competent, it is error to refuse to permit child to testify. Nichols and Fleischman, 67 Or App 256, 677 P2d 731 (1984)
Where Oregon law not Washington Deadman’s Statute governed admissibility of testimony in interpleader action brought by insurance company in District of Oregon, testimony of insured’s widow and insurance agent was admissible to determine beneficiary. Equitable Life Assur. Soc. of the U.S. v. McKay, 861 F 2d 221 (9th Cir. 1988)
Determination that four-year old victim was competent to testify was matter committed to sound discretion of trial court and discretion was not abused. State v. Bauman, 98 Or App 316, 779 P2d 185 (1989)
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