Conn. R. Evid. 6-3

As amended through April 25, 2023

Section 6-3 - Incompetencies

(a)Incapable of understanding the duty to tell the truth. A person may not testify if the court finds the person incapable of understanding the duty to tell the truth, or if the person refuses to testify truthfully.

(b)Incapable of sensing, remembering or expressing oneself. A person may not testify if the court finds the person incapable of receiving correct sensory impressions, or of remembering such impressions, or of expressing himself or herself concerning the matter so as to be understood by the trier of fact either directly or through interpretation by one who can understand the person.

Conn. Code. Evid. 6-3

Amended Dec. 14, 2017, to take effect 2/1/2018.

COMMENTARY

Subsections (a) and (b) collectively state the general grounds for witness incompetency recognized at common law. See, e.g., State v. Paolella, 211 Conn. 672, 689, 561 A.2d 111 (1989); State v. Boulay, 189 Conn. 106, 108-109, 454 A.2d 724 (1983); State v. Siberon, 166 Conn. 455, 457-58, 352 A.2d 285 (1974). Although the cases do not expressly mention subsection (a)'s alternative ground for incompetency, namely, ''if the person refuses to testify truthfully,'' it flows from the requirement found in Section 6-2 that a witness declare by oath or affirmation that he or she will testify truthfully.

The Supreme Court has outlined the procedure courts shall follow in determining a witness' competency when one of the Section 6-3 grounds of incompetency is raised. See generally State v. Weinberg, 215 Conn. 231, 242-44, 575 A.2d 1003, cert. denied, 498 U.S. 967, 111 S. Ct. 430, 112 L. Ed. 2d 413 (1990). When a party raises an objection with respect to the competency of a witness, the court, as a threshold matter, shall determine whether the witness is ''minimally credible'': whether the witness is minimally capable of understanding the duty to tell the truth and sensing, remembering and communicating the events to which the witness will testify. See id., 243. If the court determines the witness ''passes the test of minimum credibility . . . the testimony is admissible and the weight to be accorded it, in light of the witness' incapacity, is a question for the trier of fact.'' Id., 243-44. Thus, a witness' credibility may still be subject to impeachment on those grounds enumerated in Section 6-3 notwithstanding the court's finding that the witness is competent to testify.