MT · jury_instructions
Mont. Crim. Jury Instr. 1-114 (2022)
Child as Witness
A child is not disqualified as a witness simply by reason of age. There is no precise age which determines a child’s competency. Instead, competency depends upon the child’s capacity and intelligence, understanding of the difference between truth and falsehood, and appreciation of his/her duty to tell the truth.
As with other witnesses, you are the sole judge of the credibility of a child who testifies. You may consider not only the child’s age but the demeanor on the stand, capacity to observe facts and to recollect them, ability to understand questions put to the child and the ability to answer them intelligently, whether the child impresses you as having an accurate memory and recollection, whether the child impresses you as a truth-telling individual, and any other facts and circumstances which impress you as significant in determining the child’s credibility. On the basis of your consideration you may give the child’s testimony such weight as you in your judgment think it is entitled.
Provenance
- Source
- courts.mt.gov
- Retrieved
- 2026-08-20
- Edition
- 2022
- Content hash
c70431a11c54bd3d46f57cb0fb1e3a30f60f860c34e4a60a5a0c4790abe1fd12
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