CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Competency of Witnesses
......The Oath
.........Case Law
6 Cards On This Topic:

Trial court erred by not swearing in witnesses at emancipation hearing per statutory requirements of Family and Evidence Codes.

Failure to have child witness sworn during in-chambers interview may be reversible error.

If adequacy of oath not raised at trial court, issue deemed waived on appeal.

Testimony of 7-year-old properly admitted, even though minor did not understand meaning of oath; minor extensively voir dired and understood need to tell truth.

Detailed understanding of oath not required as long as minor understands need to tell truth.

Where record does not show witness sworn, oath will be presumed.