State v. Clark

The sole issue certified for our review is whether a trial court is under a mandatory duty to voir dire a witness on the question of the witness’s competency, when the witness is ten years or older at the time of trial but was under ten years of age at the time of the events giving rise to the witness’s testimony. For the reasons which follow, we answer that question in the negative.

Evid.R. 601 sets out the general rule of competency for all witnesses. It states:

“Every person is competent to be a witness except:

“(A) Those of unsound mind, and children under ten years of age, who appear…