Legal Question in Civil Litigation in Michigan

Witness

Does mental illness or incapacitation affect ability to testify in court.


Asked on 6/28/03, 4:23 pm

2 Answers from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Witness

It certainly can.

A witness must have the capacity to testify truthfully, and is definitely a matter of challenge through a procedure called voir dire, in which case the witness will not be permitted in front of a jury if the testimony is inherently unreliable for any reason, including mental illness.

However, that's not true for a commitment hearing, because the person's mental capacity or sanity is at the very heart of the matter.

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Answered on 6/28/03, 4:30 pm
William Stern William Stern, P.C.

Re: Witness

It depends on the mental illness and whether it effects the testimony, memory, etc. Mentally ill people in general, can testify. However, the mental illness would subject their testimony to challenge. Bill Sten 248-353-9400

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Answered on 6/29/03, 8:35 pm


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