Ohio Revised Code

Ohio Rev. Code § 2317.01 (2026)

Competent witnesses

✓ current as of May 2026
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All persons are competent witnesses except those of unsound mind and children under ten years of age who appear incapable of receiving just impressions of the facts and transactions respecting which they are examined, or of relating them truly.

In a hearing in an abuse, neglect, or dependency case, any examination made by the court to determine whether a child is a competent witness shall be conducted by the court in an office or room other than a courtroom or hearing room, shall be conducted in the presence of only those individuals considered necessary by the court for the conduct of the examination or the well-being of the child, and shall be conducted with a court reporter present. The court may allow the prosecutor, guardian ad litem, or attorney for any party to submit questions for use by the court in determining whether the child is a competent witness.

Notes of Decisions
Cited in 87 cases (22 in the last 5 years), 1955–2026 · leading case: Kentucky v. Stincer, 482 U.S. 730 (1987).
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Kentucky v. Stincer, 482 U.S. 730 (1987). · cites it 2× “20 (McKinney 1981); Ohio Rev. Code Ann. § 2317.01 (1981); see Protecting Child Victim/Witnesses, at 45 (listing statutes).”
State v. Cobb, 610 N.E.2d 1009 (Ohio Ct. App. 1991). · cites it 4× “I “The trial court erred in finding the victim, Eddie * * *, a child of tender years competent to testify for the reason it failed to conduct a proper examination of the child and refused to hear a tape recording of the victim’s statement when he originally made his complaint…”
State v. Pyle, 2018 Ohio 3160 (Ohio Ct. App. 2018). · cites it 3× “Pyle cites to R.C. 2317.01, which discusses the competency of a child under the age of ten as a witness and sets forth requirements for conducting a hearing to determine whether such child is a competent witness.”
State v. Clark, 1994 Ohio 43 (Ohio 1994). · cites it 2× “601, involved the application of R.C. 2317.01, which stated: "All persons are competent witnesses except those of unsound mind, and children under ten years of age who appear incapable of receiving just impressions of the facts and transactions respecting which they are…”
State v. Kinney, 519 N.E.2d 1386 (Ohio Ct. App. 1987). · cites it 3× “Under Ohio law, every person is competent to be a witness except those of unsound mind and children under ten years of age who appear incapable of receiving just impressions of the facts and transactions respecting which they are examined, or of relating them truly.”
State v. Boston, 545 N.E.2d 1220 (Ohio 1989). “601 and R.C. 2317.01. 2 Several states have already taken some action in this regard.”
Heath v. Heath, 2017 Ohio 5506 (Ohio Ct. App. 2017). · cites it 2× “601(A) and R.C. 2317.01. Both provisions generally provide that every person is competent to be a witness except children under the age of ten.”
State v. Eastham, 530 N.E.2d 409 (Ohio 1988). “601(A) and R.C. 2317.01 state that “children under ten years of age, who appear incapable of receiving just impressions of the facts and transactions respecting which they are examined, or of relating them truly,” are not competent to be witnesses.”
State v. Freeze, 2012 Ohio 5840 (Ohio Ct. App. 2012). “601(A) and R.C. 2317.01, "all persons are competent witnesses except those of unsound mind and children under ten years of age who appear incapable of receiving just impressions of the facts and transactions respecting which they - 16 - Butler CA2011-11-209 are examined, or of…”
In re Est. of Shaffer (Slip Opinion), 2020 Ohio 6973 (Ohio 2020). · cites it 3× “Chapter 2107, but the general definition of “competency” is found in R.C. 2317.01: All persons are competent witnesses except those of unsound mind and children under ten years of age who appear incapable of receiving just impressions of the facts and transactions respecting…”
State v. Ridley, 2020 Ohio 2779 (Ohio Ct. App. 2020). · cites it 2× “” R.C. 2317.01. The version of R.C. 2317.01 in effect at the time of Ridley’s trial employed identical language.”
In re L.L.S., 2017 Ohio 7450 (Ohio Ct. App. 2017). “See R.C. 2317.01 (“All persons are competent witnesses except those of unsound mind and children under ten years of age who appear incapable of receiving just impressions of the facts and transactions respecting which they are examined, or of relating them truly.”
Show all 87 citing cases →
— Ohio Rev. Code § 2317.01(A) — 3 cases
State v. Cornelious, 2026 Ohio 151 (Ohio Ct. App. 2026).
In re D.W.R., 2026 Ohio 1433 (Ohio Ct. App. 2026).
State v. Anderson, 2026 Ohio 2027 (Ohio Ct. App. 2026).
— Ohio Rev. Code § 2317.01(A)(1) — 1 case
In re Est. of Weiner, 2019 Ohio 2354 (Ohio Ct. App. 2019).
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