Rule 601 - Competency to Testify in GeneralEvery person is competent to be a witness unless these rules provide otherwise.
EXPLANATORY NOTE Rule 601 was amended, effective 3/1/2014. The essential thought underlying this rule is that, generally, the evaluation of a witness should be made by the trier of fact, through a determination of the weight and credibility of that witness' testimony, rather than by the prior imposition of standards of competency. Thus, there are no standards put forth relating to mental or moral competency in these rules. Rule 601 was amended, effective 3/1/2014, in response to the12/1/2011, revision of the Federal Rules of Evidence. The language and organization of the rule were changed to make the rule more easily understood and to make style and terminology consistent throughout the rules. There is no intent to change any result in any ruling on evidence admissibility. SOURCES: Joint Procedure Committee Minutes of April 26-27, 2012, pages 21-22;4/8/1976, page 26. Fed.R.Ev. 601; Rule 601, SBAND proposal. SUPERSEDED: N.D.C.C. §§ 31-01-01, 31-01-03, 31-01-04, 31-01-05. N.D.R.Ev. 501 (Privilege in General).