Florida/Georgia Personal Injury & Workers Compensation

...e person on whose behalf he seeks to litigate"; and (2) the "`next friend' must have some significant relationship with the real party in interest." Id. at 163-64, 110 S.Ct. at 1727. [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....

...ruth; or (3) unable to perceive and remember the events. See §§ 90.603, .604, Fla. Stat. (1999). However, "[a] witness is presumed competent to testify until the contrary is established." Hawk v. State, 718 So.2d 159, 162 (Fla.1998); see generally § 90.601, Fla....

...We have reviewed the relevant portions of the record, including the motions and depositions involved in this issue, and find that the trial judge did not abuse his discretion in excluding the child's statement on the grounds of competency. 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." § 90.603(1), Fla....

...Roberts, 450 So.2d at 1127 (Anstead, C.J., concurring specially) (citing Smith, 75 Fla. at 474, 78 So. at 532). 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)....

...Hawk claims that the trial court erred in allowing Matthew Gray (the bludgeoning victim who survived) to testify without conducting a competency hearing. We disagree. A witness is presumed competent to testify until the contrary is established. See generally § 90.601, Fla....

...been obtained without the assistance of the alleged error.” Id. (quoting Urbin v. State, 714 So. 2d 411, 418 n.8 (Fla. 1998)). A witness is presumed competent to testify until the contrary is established. Hawk v. State, 718 So. 2d 159, 162 (Fla. 1998); see also § 90.601, Fla....

...Defendant suggests that his hypothesis of innocence renders Ms. Gunderson somehow an "interested" witness and that therefore her testimony must be discounted as self-serving. That is not the law. Under the Evidence Code, "Every person is competent to be a witness, except as otherwise provided by statute." § 90.601, Fla....

...rida Statutes (1989). We conclude that it cannot. Although the parties debate the issue of Patsy's competency to contract, we do not address it because her incompetency was never established by due process of law, and she is thus presumed competent. § 90.601, Fla....

...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. Because competency is presumed until the contrary is established, Williams, 2 Fla. at 68; see § 90.601, Fla....

...t and opinion testimony presented by the applicant, who has himself qualified as an expert witness. Persons having a pecuniary or proprietary interest in the outcome of litigation are not disqualified from testifying under the Florida Evidence Code. Section 90.601, Fla....

...the capacity to relate in an understandable fashion those events about which he chooses to testify. Appellant challenges the ruling relating to Burney's competency. Unless otherwise provided by statute, every person is presumed competent to testify. § 90.601, Fla.Stat....

..."Defense counsel placed [Burney's] competency at issue, at least to the extent of whether [he] had a moral sense of the duty to tell the truth." Z.P. v. State, 651 So.2d 213, 214 (Fla. 2d DCA 1995). Findings and Inquiry Inadequate "Every person is competent to be a witness, except as otherwise provided by statute." § 90.601, Fla.Stat....

...[2] Their status vis-a-vis Farish & Farish has yet to be determined. [3] The Florida Evidence Code has replaced Section 90.05, Florida Statutes (1975), and provides: Every person is competent to be a witness, except as otherwise provided by statute. Section 90.601, Florida Statutes (Supp....

...In support of its argument the State first contends that the sole method for proof of drug addiction is to introduce expert testimony, and that the defendant's own testimony cannot be considered. To the contrary, there is no such proscription, see § 90.601, Fla....

...The allegedly stolen property was never recovered. Wingo preserved the issue of Mullins' competency by motion prior to trial and by requesting a competency determination at trial prior to Mullins' testimony. A witness is presumed competent to testify until a party places competency at issue. See § 90.601, Fla....

presumed until the contrary is established. See § 90.601, Fla.Stat. (1981); Williams v. McGehee, 2 Fla

...itnesses, the trial court entered the order on review, making detailed findings as to Thompson’s incompetency and ruling that “Lonnie Thompson does not meet the standard required by law to be permitted to testify in this case.” Although, under section 90.601, Florida Statutes (1997), every person is presumed competent to testify, a person may be disqualified to testify as a witness if he or she lacks the capacity (i) to communicate in such a manner as to be understood, (ii) to understand t...

So. 2d 1101, 1103 (Fla. 1st DCA 1996) (citing § 90.601, Fla. Stat. (1996)). Consistent with this presumption