90.601
General rule of competency.
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90.601 General rule of competency.—Every person is competent to be a witness, except as otherwise provided by statute.
History.—s. 1, ch. 76-237; s. 1, ch. 77-77; s. 22, ch. 78-361, s. 1, ch. 78-379.
Notes of Decisions
Cited in 18
cases (1 in the last 5 years), 1982–2025 · leading case: Rutherford v. Moore
Rutherford v. Moore (2000)
“1998); see generally § 90.601, Fla. Stat. (1999). Rutherford cites no case in support of his argument that the failure of the trial court to examine witnesses' competency on the court's own motion constitutes fundamental error that would have resulted in a reversal had appellate…”
Terry v. State (1996)
“[9] An otherwise competent witness has the ability to testify, see section 90.601, Florida Statutes (1993), and unreliability goes to a witness's credibility, which is for the trier-of-fact to consider.”
Simmons v. State (1996)
“The one questionable criteri[on] is as a consequence of a series of questions derived there at the end after some six hours of testimony and, while it is true that there is no certitude in life, I find that the witness has demonstrated the capacity to differentiate between the…”
& SC13-1787 Steven Douglas Hayward v. State of Florida and Steven Douglas Hayward v. Julie L. Jones, etc. (2015)
“1998); see also § 90.601, Fla. Stat. (2007). Section 90.603, Florida Statutes (2007), provides that a person is disqualified as a witness if the person is incapable of expressing himself or herself concerning the matter' or is incapable of understanding the duty to tell the…”
Hawk v. State (1998)
“See generally § 90.601, Fla. Stat. (1993). A court's ruling on competency will be upheld absent an abuse of discretion.”
Helton v. State (1994)
“" § 90.601, Fla. Stat. (1991). As stated in I.”
Zabrani v. Riveron (1986)
“From a full reading of her statement, the trial court could certainly determine that her competency was shown that she understood both what she was saying and her obligation to tell the truth.”
Lowe v. State (1994)
“Although in general, "every person is competent to be a witness," section 90.601, Florida Statutes (1989), a trial judge is permitted to exclude a witness when that witness is "[i]ncapable of expressing himself concerning the matter in such a manner as to be understood.”
Farish v. Bankers Multiple Line Ins. Co. (1982)
“[2] Their status vis-a-vis Farish & Farish has yet to be determined. [3] The Florida Evidence Code has replaced Section 90.”
State v. McFadden (2000)
“Similarly, in Roberts , Justice Anstead also reasoned that the Legislature was likely aware of the Florida Supreme Court's definition of "conviction" when the Legislature enacted section 90.601(1). Roberts, 450 So.2d at 1127 (Anstead, C.”
Harmon v. Williams (1992)
“§ 90.601, Fla. Stat. (1989); Zabrani v. Riveron, 495 So.”
Hackmann v. Hyland (1984)
“The appellees argue that the testimony was properly excluded because Hack-mann failed to satisfy her burden of showing that the parties were disinterested. However, the law does not place this burden on the party who seeks to call a witness.”
— 90.601(1) — 1 case
State v. McFadden (2000)
“Similarly, in Roberts , Justice Anstead also reasoned that the Legislature was likely aware of the Florida Supreme Court's definition of "conviction" when the Legislature enacted section 90.601(1). Roberts, 450 So.2d at 1127 (Anstead, C.”
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