§ 90.603, Fla. Stat. — Disqualification of a Witness
Plain English
Florida starts from the premise that everyone is competent to testify (§ 90.601). This is the narrow exception. A person is disqualified only if the court finds they (1) cannot express themselves about the matter in a way that can be understood — directly or through an interpreter — or (2) cannot understand the duty of a witness to tell the truth. That’s a deliberately high bar: age, a diagnosis, or a disability does not disqualify a witness by itself.
From the Courtroom
Move to disqualify a witness and you’d better meet 90.603’s two narrow grounds — can’t communicate, or can’t grasp the duty of truth. Everything short of that goes to weight, not competency. Young children and witnesses with disabilities testify all the time; the jury sorts out how much to believe.
Key Points & Authority
- § 90.603, Fla. Stat. — A witness is disqualified only if incapable of being understood (directly or by interpretation) or incapable of understanding the duty to tell the truth.
- Pairs with § 90.601 (general competency) and § 90.605 (oath/affirmation).
- Federal parallel: the federal rules have no comparable disqualification list — competency is governed by Fed. R. Evid. 601 and the oath requirement by FRE 603.
Federal Parallel
The federal rules take a different approach: there is no enumerated disqualification standard like § 90.603. Competency is presumed under Fed. R. Evid. 601, and FRE 603 requires an oath or affirmation to testify truthfully.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
Free consultation: (904) 444-4444 · About John Phillips
Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
A person is disqualified to testify as a witness when the court determines that the person is:
(1) Incapable of expressing himself or herself concerning the matter in such a manner as to be understood, either directly or through interpretation by one who can understand him or her.
(2) Incapable of understanding the duty of a witness to tell the truth.
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.603 disqualifies a witness only if the court finds the person incapable of being understood (directly or via interpreter) or incapable of understanding the duty to tell the truth.