Miscellaneous
In general
• The purpose of the competency rule is to assure that the witness who is testifying understands and can obey the oath to tell the truth.
Hunter v. State, 360 N.E.2d 588, 598 (Ind. Ct. App. 1977), reh’g denied, trans. denied, cert. denied, 434 U.S. 906 (1977)
• The competency of a challenged witness is determined by the trial court as a matter of law.
Ware v. State, 376 N.E.2d 1150, 1151 (Ind. 1978)
• When the competency to testify is placed in issue it is the duty of the trial court to schedule a hearing in order to properly determine whether the witness is in fact competent to testify.
Gosnell v. State, 376 N.E.2d 471, 472 (Ind. 1978)
• A trial court's determination a child is competent to testify will only be reversed for an abuse of discretion.
Casselman v. State, 582 N.E.2d 432, 435 (Ind. Ct. App. 1991)
• The defendant has the burden of establishing that the witness is not competent.