Minnesota Statutes
Minn. Stat. § 595.06 (2026)
Capacity Of Witness
✓ current as of May 2026
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When a person is produced as a witness, the court may examine the person to ascertain capacity, and whether the person understands the nature and obligations of an oath, and the court may inquire of any person what peculiar ceremonies the person deems most obligatory in taking an oath.
Notes of Decisions
Cited in 6
cases, 1968–1987 · leading case: Moll v. State, 351 N.W.2d 639 (Minn. Ct. App. 1984).
Moll v. State, 351 N.W.2d 639 (Minn. Ct. App. 1984). “Minn.Stat. § 595.06 (1982) provides that "When an infant * * * is produced as a witness, the court may examine him to ascertain his capacity, * * * and the court may inquire * * * what peculiar ceremonies he deems most obligatory in taking an oath.”
Mnd v. Bmd, 356 N.W.2d 813 (Minn. Ct. App. 1984). “02 and § 595.06 (1982), specifically, that she was bright, alert, and had well-developed "receptive and expressive abilities" for her age.”
State v. Johnson, 256 N.W.2d 280 (Minn. 1977). “He specifically asked her whether she comprehended the oath she would be required to take and whether she had the ability to recollect accurately the facts that had transpired at the time of the crime.”
John Patrick Sullivan v. State of Minnesota, 818 F.2d 664 (8th Cir. 1987). “1984) (citing Minn.Stat. § 595.06 (1982)); Minn.Stat.Ann.”
State v. Tribblet, 162 N.W.2d 121 (Minn. 1968). “§ 595.06. In State ex rel. Dugal v. Tahash, 278 Minn.”
Marriage of M.N.D. v. B.M.D., 356 N.W.2d 809 (Minn. Ct. App. 1984). “02 and § 595.06 (1982), specifically, that she was bright, alert, and had well-developed “receptive and expressive abilities” for her age.”
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