Except as otherwise provided by statute, every person, irrespective of age, is qualified to be a witness and no person is disqualified to testify to any matter.
Chapter 1Competency
Section § 700
In general, everyone is allowed to be a witness in court, no matter how old they are, unless there's another law that says otherwise.
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Section § 701
This law explains when a person cannot serve as a witness in court. A person is not allowed to be a witness if they can’t communicate understandably, either on their own or with the help of someone, or if they don’t understand their responsibility to tell the truth.
If there's no jury, the court can wait until after a witness has been directly questioned to decide if they are competent to testify.
(a)CA Evidence Code § 701(a) A person is disqualified to be a witness if he or she is:
(1)CA Evidence Code § 701(a)(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
(2)CA Evidence Code § 701(a)(2) Incapable of understanding the duty of a witness to tell the truth.
(b)CA Evidence Code § 701(b) In any proceeding held outside the presence of a jury, the court may reserve challenges to the competency of a witness until the conclusion of the direct examination of that witness.
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Section § 702
This law states that a witness cannot testify about something unless they personally know about it. If someone objects, the witness must prove they have personal knowledge before testifying. A witness can demonstrate this personal knowledge through any acceptable evidence, including their own statements.
(a)CA Evidence Code § 702(a) Subject to Section 801, the testimony of a witness concerning a particular matter is inadmissible unless he has personal knowledge of the matter. Against the objection of a party, such personal knowledge must be shown before the witness may testify concerning the matter.
(b)CA Evidence Code § 702(b) A witness’ personal knowledge of a matter may be shown by any otherwise admissible evidence, including his own testimony.
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Section § 703
This law explains what happens if a judge is going to testify in a trial they are presiding over. Before testifying, the judge must inform the involved parties about what they know regarding the facts they'll discuss. If any party objects to the judge testifying, the judge cannot testify, and a mistrial is declared, meaning the trial will start over with a different judge. However, if no one objects, the judge can go ahead and testify as a witness.
(a)CA Evidence Code § 703(a) Before the judge presiding at the trial of an action may be called to testify in that trial as a witness, he shall, in proceedings held out of the presence and hearing of the jury, inform the parties of the information he has concerning any fact or matter about which he will be called to testify.
(b)CA Evidence Code § 703(b) Against the objection of a party, the judge presiding at the trial of an action may not testify in that trial as a witness. Upon such objection, the judge shall declare a mistrial and order the action assigned for trial before another judge.
(c)CA Evidence Code § 703(c) The calling of the judge presiding at a trial to testify in that trial as a witness shall be deemed a consent to the granting of a motion for mistrial, and an objection to such calling of a judge shall be deemed a motion for mistrial.
(d)CA Evidence Code § 703(d) In the absence of objection by a party, the judge presiding at the trial of an action may testify in that trial as a witness.
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Section § 703.5
This law says that judges, arbitrators, and mediators cannot talk about what happened or was decided during their official proceedings in later civil court cases. However, there are exceptions: if their statement or actions suggest contempt, a crime, misconduct by a judge or lawyer that needs investigation, or reasons for disqualifying a judge under specific rules. An exception is also made for mediators in specific family law cases, who can talk about what happened in those mediations.
No person presiding at any judicial or quasi-judicial proceeding, and no arbitrator or mediator, shall be competent to testify, in any subsequent civil proceeding, as to any statement, conduct, decision, or ruling, occurring at or in conjunction with the prior proceeding, except as to a statement or conduct that could (a) give rise to civil or criminal contempt, (b) constitute a crime, (c) be the subject of investigation by the State Bar or Commission on Judicial Performance, or (d) give rise to disqualification proceedings under paragraph (1) or (6) of subdivision (a) of Section 170.1 of the Code of Civil Procedure. However, this section does not apply to a mediator with regard to any mediation under Chapter 11 (commencing with Section 3160) of Part 2 of Division 8 of the Family Code.
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Section § 704
This law deals with the circumstances under which a juror can testify as a witness during a trial they are serving on. First, if a juror is going to testify, they must tell all involved parties what they will say, away from the rest of the jury. If any party objects to the juror's testimony, the court must declare a mistrial so a new jury can hear the case. Calling a juror to testify automatically means both consent to declare a mistrial and an objection serves as a request for a mistrial. Without any objections, a juror might be forced to testify.
(a)CA Evidence Code § 704(a) Before a juror sworn and impaneled in the trial of an action may be called to testify before the jury in that trial as a witness, he shall, in proceedings conducted by the court out of the presence and hearing of the remaining jurors, inform the parties of the information he has concerning any fact or matter about which he will be called to testify.
(b)CA Evidence Code § 704(b) Against the objection of a party, a juror sworn and impaneled in the trial of an action may not testify before the jury in that trial as a witness. Upon such objection, the court shall declare a mistrial and order the action assigned for trial before another jury.
(c)CA Evidence Code § 704(c) The calling of a juror to testify before the jury as a witness shall be deemed a consent to the granting of a motion for mistrial, and an objection to such calling of a juror shall be deemed a motion for mistrial.
(d)CA Evidence Code § 704(d) In the absence of objection by a party, a juror sworn and impaneled in the trial of an action may be compelled to testify in that trial as a witness.
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