ILCS » Chapter 725 · Act 5
Illinois Compiled Statutes

725 ILCS 5/115-14 (2026)

Witness Competency

✓ current as of May 2026
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(725 ILCS 5/115-14) (from Ch. 38, par. 115-14)
    Sec. 115-14. Witness Competency. (a) Every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify to any matter, except as provided in subsection (b).
    (b) A person is disqualified to be a witness if he or she is:
    (1) Incapable of expressing himself or herself concerning the matter so as to be understood, either directly or through interpretation by one who can understand him or her; or
    (2) Incapable of understanding the duty of a witness to tell the truth.
    (c) A party may move the court prior to a witness' testimony being received in evidence, requesting that the court make a determination if a witness is competent to testify. The hearing shall be conducted outside the presence of the jury and the burden of proof shall be on the moving party.
(Source: P.A. 85-1190.)

    
Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1998–2026 · leading case: Nicole Harris v. Sheryl Thompson, 698 F.3d 609 (7th Cir. 2012).
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Nicole Harris v. Sheryl Thompson, 698 F.3d 609 (7th Cir. 2012). · cites it 4× “Under Illinois law, every person is presumed competent to be a witness and will be permitted to testify unless he or she is either (1) “Incapable of ex- pressing himself or herself concerning the matter so as to be understood, either directly or through interpreta- tion by one…”
People v. Harris, 904 N.E.2d 1077 (Ill. App. Ct. 2009). · cites it 5× “" However, following a hearing, the court found that Diante was incompetent to testify in accordance with section 115-14 of the Code of Criminal Procedure of 1963 (725 ILCS 5/115-14 (West 2004)). Defendant testified that she was 23 years old and had graduated from Southern…”
People v. Jackson, 2015 IL App (3d) 140300 (Ill. App. Ct. 2016). · cites it 4× “¶ 44 The determination of the competency of witnesses in criminal trials is governed by section 115-14 of the Code (725 ILCS 5/115-14 (West 2012)): “(a) Every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify to any matter, except…”
People v. Brink, 690 N.E.2d 136 (Ill. App. Ct. 1998). “See 725 ILCS 5/115-14 ( West 1996 ). Competency requires a minimum capacity to observe, record, recollect, and recount.”
People v. Hood, 2014 IL App (1st) 113534 (Ill. App. Ct. 2014). “725 ILCS 5/115-14(c) (West 2008). The circuit court granted the State’s motion on March 10, 2008, “with one caveat.”
People v. Hood, 2014 IL App (1st) 113534 (Ill. App. Ct. 2014). “725 ILCS 5/115-14(c) (West 2008). The circuit court granted the State's motion on March 10, 2008, "with one caveat.”
People v. Miller, 2020 IL App (2d) 180424-U (Ill. App. Ct. 2020). “3d 1117 (2000)—that he claims apply the standards for witness competency in section 115-14 of the Code of Criminal Procedure of 1963 (725 ILCS 5/115-14 (West 2016)). Defendant, however, fails to set forth those standards.”
People v. Jacobs, 2020 IL App (2d) 190077-U (Ill. App. Ct. 2020). · cites it 3× “Under sections 115-14(a) and (b) of the Code (725 ILCS 5/115-14(a), (b) (West 2018)), every person is presumed competent to testify and will be disqualified as a witness only if he or she is: “(1) Incapable of expressing himself or herself concerning the matter so as to be…”
People v. Cookson (Ill. App. Ct. 2002). · cites it 4× “725 ILCS 5/115-14 (West 2000). In People v.”
People v. Williams (Ill. App. Ct. 2008). · cites it 2× “See 725 ILCS 5/115-14(a) (West 2000); see also People v.”
People v. Harris, 2023 IL App (5th) 210320-U (Ill. App. Ct. 2023). “725 ILCS 5/115-14(a) (West 2020). A witness may be disqualified if the moving party can demonstrate that the witness is either incapable of expressing himself or is “[i]ncapable of understanding the duty of a witness to tell the truth.”
People v. Thomforde, 2026 IL App (2d) 240681-U (Ill. App. Ct. 2026). “¶ 27 The determination of the competency of witnesses in criminal trials is governed by section 115-14 of the Code (725 ILCS 5/115-14 (2024)): “§ 115-14. Witness Competency.”
Show all 14 citing cases →
— 725 ILCS 5/115-14(a) — 6 cases
Nicole Harris v. Sheryl Thompson, 698 F.3d 609 (7th Cir. 2012). “Under Illinois law, every person is presumed competent to be a witness and will be permitted to testify unless he or she is either (1) “Incapable of ex- pressing himself or herself concerning the matter so as to be understood, either directly or through interpreta- tion by one…”
People v. Williams (Ill. App. Ct. 2008). “See 725 ILCS 5/115-14(a) (West 2000); see also People v.”
People v. Harris, 2023 IL App (5th) 210320-U (Ill. App. Ct. 2023). “725 ILCS 5/115-14(a) (West 2020). A witness may be disqualified if the moving party can demonstrate that the witness is either incapable of expressing himself or is “[i]ncapable of understanding the duty of a witness to tell the truth.”
People v. Jacobs, 2020 IL App (2d) 190077-U (Ill. App. Ct. 2020). “Under sections 115-14(a) and (b) of the Code (725 ILCS 5/115-14(a), (b) (West 2018)), every person is presumed competent to testify and will be disqualified as a witness only if he or she is: “(1) Incapable of expressing himself or herself concerning the matter so as to be…”
People v. Cookson (Ill. App. Ct. 2002). “725 ILCS 5/115-14 (West 2000). In People v.”
— 725 ILCS 5/115-14(b) — 2 cases
People v. Jackson, 2015 IL App (3d) 140300 (Ill. App. Ct. 2016). “¶ 44 The determination of the competency of witnesses in criminal trials is governed by section 115-14 of the Code (725 ILCS 5/115-14 (West 2012)): “(a) Every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify to any matter, except…”
People v. Cookson (Ill. App. Ct. 2002). “725 ILCS 5/115-14 (West 2000). In People v.”
— 725 ILCS 5/115-14(c) — 7 cases
Nicole Harris v. Sheryl Thompson, 698 F.3d 609 (7th Cir. 2012). “Under Illinois law, every person is presumed competent to be a witness and will be permitted to testify unless he or she is either (1) “Incapable of ex- pressing himself or herself concerning the matter so as to be understood, either directly or through interpreta- tion by one…”
People v. Jackson, 2015 IL App (3d) 140300 (Ill. App. Ct. 2016). “¶ 44 The determination of the competency of witnesses in criminal trials is governed by section 115-14 of the Code (725 ILCS 5/115-14 (West 2012)): “(a) Every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify to any matter, except…”
People v. Harris, 904 N.E.2d 1077 (Ill. App. Ct. 2009). “" However, following a hearing, the court found that Diante was incompetent to testify in accordance with section 115-14 of the Code of Criminal Procedure of 1963 (725 ILCS 5/115-14 (West 2004)). Defendant testified that she was 23 years old and had graduated from Southern…”
People v. Hood, 2014 IL App (1st) 113534 (Ill. App. Ct. 2014). “725 ILCS 5/115-14(c) (West 2008). The circuit court granted the State’s motion on March 10, 2008, “with one caveat.”
People v. Hood, 2014 IL App (1st) 113534 (Ill. App. Ct. 2014). “725 ILCS 5/115-14(c) (West 2008). The circuit court granted the State's motion on March 10, 2008, "with one caveat.”
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