Ariz. Rev. Stat. » Title 13
Arizona Revised Statutes

Ariz. Rev. Stat. § 13-4061 (2026)

Competency of witness

✓ current as of May 2026
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In any criminal trial every person is competent to be a witness.

Notes of Decisions
Cited in 15 cases (4 in the last 5 years), 1979–2026 · leading case: State v. Superior Court, Pima Cnty., 719 P.2d 283 (Ariz. Ct. App. 1986).
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State v. Superior Court, Pima Cnty., 719 P.2d 283 (Ariz. Ct. App. 1986). · cites it 22× “The court’s order followed a hearing to determine the competence of the victim, defendant’s daughter, pursuant to A.R.S. § 13-4061, and the admissibility of her out-of-court statements under A.”
State v. Ault, 724 P.2d 545 (Ariz. 1986). · cites it 4× “2) Children under ten years of age who appear incapable of receiving just impressions of the facts respecting which they are to testify, or of relating them truly.”
State v. Jerousek, 590 P.2d 1366 (Ariz. 1979). · cites it 2× “§ 12-2202, which states that children under ten cannot be witnesses if they “appear incapable of receiving just impressions of the facts respecting which they are to testify, or of relating them truly.”
State of Arizona v. Preston Alton Strong, 555 P.3d 537 (Ariz. 2024). · cites it 2× “601; see A.R.S. § 13-4061 (“In any criminal trial every person is competent to be a witness.”
State v. Roberts, 677 P.2d 280 (Ariz. Ct. App. 1983). · cites it 2× “§ 12-2202 is made applicable to criminal proceedings pursuant to A.R.S. § 13-4061.”
State v. Schossow, 703 P.2d 448 (Ariz. 1985). · cites it 2× “A.R.S. § 13-4061 makes § 12-2202 applicable to criminal actions.”
Escobar v. Superior Court, Maricopa Cty., 746 P.2d 39 (Ariz. Ct. App. 1987). · cites it 3× “A.R.S. § 13-4061; see State v. Schossow, 145 Ariz.”
State v. Roberts, 677 P.2d 280 (Ariz. Ct. App. 1983). · cites it 2× “§ 12-2202 is made applicable to criminal proceedings pursuant to A.R.S. § 13-4061.”
State v. Castaneda, 517 P.3d 53 (Ariz. Ct. App. 2022). · cites it 4× “” A.R.S. § 13-4061; see also Ariz. R. Evid.”
State v. Schossow, 703 P.2d 496 (Ariz. Ct. App. 1984). · cites it 2× “§ 13-4061 makes § 12-2202 applicable to criminal actions, “The laws for determining competency of witnesses in civil actions are also applicable to criminal actions and proceedings, except as otherwise provided by this article.”
State v. Farr (Ariz. Ct. App. 2016). · cites it 2× “1980); see also A.R.S. § 13-4061; Ariz. R. Evid. 601. “The credibility of witnesses is a matter for the jury.”
State v. Vargas (Ariz. Ct. App. 2020). · cites it 2× “See A.R.S. § 13-4061; Ariz. R. Evid. 601. A witness is incompetent to testify, however, if “unable to understand the nature of an oath[] or perceive the event in question and relate it to the court.”
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