Me. R. Evid. 601

As amended through February 27, 2023

Rule 601 - COMPETENCY TO TESTIFY IN GENERAL

(a) Every person is competent to be a witness unless these rules provide otherwise.

(b) A person may not be a witness if the court finds that:

(1) The person cannot communicate about the matter so that the judge and jury can understand, either directly or through an interpreter;

(2) The person cannot understand the duty, as a witness, to tell the truth;

(3) The person had no reasonable ability to perceive the matter; or

(4) The person has no reasonable ability to remember the matter.

Me. R. Evid. 601

Adopted effective 1/1/2015; amended July 23, 2015, effective 9/1/2015.

Advisory Note - June 2015

This amendment deletes subdivision (c) of Rule 601 as redundant and unnecessary. The qualification and swearing of an interpreter as a witnesses is explicitly covered by Rule 604. There does not appear to be any good reason to provide in Rule 601 as well that an interpreter is subject to the rules relating to witnesses.

Maine Restyling Note [November 2014]

Maine's Rule 601 departs fairly significantly from its federal counterpart in establishing specific criteria for competency as a witness in the rule itself. These specific requirements have been carried over into the restyled version.

Federal Restyling Committee Note

The language of Rule 601 has been amended as part of the restyling of the Evidence Rules to make them more easily understood and to make style and terminology consistent throughout the rules. These changes are intended to by stylistic only. There is no intent to change any result in any ruling on evidence admissibility.

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