In the state of Washington, the competency of witnesses is a critical factor in ensuring fair and just legal proceedings. Competency refers to a witness’s legal ability to testify in court, which is determined based on specific criteria outlined in Washington law. This article explores the legal framework governing witness competency and its application in Washington courts, providing valuable insights for both attorneys and individuals involved in legal proceedings.

Under Washington law, competency requirements for witnesses are primarily governed by Chapter 5.60 of the Revised Code of Washington (RCW) and the Washington Rules of Evidence (ER). These rules establish the standards for determining whether a person is eligible to provide testimony in a court of law.

General Competency Standards

Washington follows the principle that all individuals are presumed competent to testify unless proven otherwise. RCW 5.60.020 states that “every person of sound mind and discretion, without regard to age, is competent to be a witness.” This broad presumption of competency ensures that relevant evidence is not excluded unnecessarily.

However, there are exceptions to this general rule, including:

  • Mental incapacity: If a witness is unable to perceive or accurately communicate their observations due to mental illness or cognitive impairment, they may be deemed incompetent.
  • Inability to understand the duty of truthfulness: Witnesses must understand the importance of telling the truth under oath. This is particularly relevant when assessing the competency of young children or individuals with developmental disabilities.

Special Considerations for Children

Children are not automatically deemed incompetent due to their age. Instead, Washington courts evaluate a child’s competency on a case-by-case basis. The court may conduct a preliminary inquiry to assess the child’s:

  • Ability to distinguish between truth and falsehood
  • Capacity to recall and articulate facts accurately
  • Understanding of the consequences of lying

This approach balances the need to consider the developmental limitations of children with the importance of including their potentially valuable testimony.

Excluded Witnesses

Certain individuals are excluded from testifying based on public policy or privilege. These exclusions include:

  • Spouses: In most cases, one spouse cannot testify against the other without consent, as per RCW 5.60.060(1). Exceptions exist for criminal cases involving domestic violence or abuse.
  • Privileged communications: Individuals cannot testify about confidential communications protected by attorney-client, doctor-patient, or clergy-penitent privilege, among others.
  • Judges and jurors: Judges presiding over a case and jurors currently serving are prohibited from testifying in that same case.

Competency Challenges

If a party wishes to challenge the competency of a witness, they must raise the issue before the witness testifies. The court will typically hold a hearing outside the presence of the jury to determine competency. During this hearing, the burden of proof is on the party challenging the witness’s competency to show that the witness does not meet the legal requirements.

Practical Implications for Attorneys

For attorneys, understanding witness competency is essential for trial preparation and strategy. Key considerations include:

  • Evaluating witnesses early: Attorneys should assess the competency of potential witnesses during case preparation to avoid surprises at trial.
  • Presenting evidence of competency: When representing a witness whose competency is challenged, it is important to provide evidence that supports their ability to testify truthfully and accurately.
  • Objecting to incompetent testimony: Attorneys should promptly object to testimony from witnesses who may be incompetent, ensuring the integrity of the trial.

The competency of witnesses plays a pivotal role in Washington’s judicial system. By adhering to the legal standards and addressing competency issues effectively, attorneys can help ensure that trials are conducted fairly and that the testimony presented is reliable. If you have questions about witness competency or need legal representation, the Law Office of Erin Bradley McAleer is here to help. Contact us at (360) 334-6277 to schedule a consultation.