Florida Statutes
Fla. Stat. § 90.601 (2025)
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.
Notes of Decisions
Cited in 18
cases (1 in the last 5 years), 1982–2025 · leading case: Rutherford v. Moore, 774 So. 2d 637 (Fla. 2000).
Rutherford v. Moore, 774 So. 2d 637 (Fla. 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, 668 So. 2d 954 (Fla. 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, 683 So. 2d 1101 (Fla. 1st DCA 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 & Steven Douglas Hayward v. Julie L. Jones, etc., 183 So. 3d 286 (Fla. 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, 718 So. 2d 159 (Fla. 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, 641 So. 2d 146 (Fla. 3d DCA 1994). “" § 90.601, Fla. Stat. (1991). As stated in I.”
Zabrani v. Riveron, 495 So. 2d 1195 (Fla. 3d DCA 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, 650 So. 2d 969 (Fla. 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., 425 So. 2d 12 (Fla. 4th DCA 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, 772 So. 2d 1209 (Fla. 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, 596 So. 2d 1139 (Fla. 2d DCA 1992). “§ 90.601, Fla. Stat. (1989); Zabrani v. Riveron, 495 So.”
Hackmann v. Hyland, 445 So. 2d 1079 (Fla. 3d DCA 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, 772 So. 2d 1209 (Fla. 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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