A brief discussion on child witnesses is contained in this section. For a detailed discussion, see the Michigan Judicial Institute’s Evidence Benchbook, Chapter 3.
“Unless the court finds after questioning a person that the person does not have sufficient physical or mental capacity or sense of obligation to testify truthfully and understandably, every person is competent to be a witness except as otherwise provided in [the Michigan Rules of Evidence].” MRE 601.
Competency to testify is a matter within the discretion of a trial court. See Surman v Surman, 277 Mich App 287, 303-304 (2007) (12-year-old child diagnosed with bipolar disorder, oppositional defiant disorder, taking medication, and receiving psychological care competent to testify); People v Breck, 230 Mich App 450, 457-458 (1998) (developmentally disabled complainant competent to testify); People v Jehnsen, 183 Mich App 305, 307-308 (1990) (four-year-old victim competent to testify); People v Norfleet, 142 Mich App 745, 748-749 (1985) (reversible error in finding seven-year-old witness incompetent to testify).