§ Sec. 24-9-7. Court decides competency; objections to competency; restoration to competency

§ 24-9-7. Court decides competency; objections to competency; restoration to competency

(a) The competency of a witness shall be decided by the court. The court shall by examination decide upon the capacity of one alleged to be incompetent from idiocy, lunacy, insanity, drunkenness, or infancy.

(b) If an objection to competency is known, it shall be taken before the witness is examined at all. It may be proved by the witness himself or by other testimony. If proved by other testimony, the witness shall be incompetent to explain it away.

(c) Any fact which in the judgment of the court removes the ground of incompetency shall restore the competency of the witness.

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