Federal Rules of Evidence - Witness Competency: Rule 601 governs the basic competency requirements for witnesses to testify in federal courts. This includes mental capacity, age requirements, and understanding of the duty to tell the truth.
Federal Rules of Evidence - Personal Knowledge: Rule 602 requires that witnesses must have personal knowledge of the matters they are testifying about. They cannot testify about matters they learned secondhand.
Federal Rules of Evidence - Oath Requirement: Rule 603 requires that witnesses must give their testimony under oath or affirmation to tell the truth.
Federal Rules of Civil Procedure - Declaration Requirements: Rule 56(c)(4) sets forth the requirements for declarations used in summary judgment motions, including that they must be made on personal knowledge and show that the declarant is competent to testify.
Unsworn Declarations Statute: 28 U.S.C. § 1746 allows for declarations to be made under penalty of perjury as an alternative to notarization, providing specific language that must be included.
State-Specific Declaration Requirements: Individual state laws may impose additional or different requirements for witness declarations, including potential notarization requirements and specific perjury statutes.
Statute of Frauds: Legal principle requiring certain types of contracts and agreements to be in writing and properly witnessed to be enforceable.
Hearsay Rules: Federal Rules of Evidence 801-807 governing the admissibility of out-of-court statements and their exceptions in court proceedings.
Americans with Disabilities Act Compliance: Federal law requiring reasonable accommodations for witnesses with disabilities to ensure equal access to legal proceedings.
Age of Majority Laws: State-specific laws determining the legal age at which a person can serve as a competent witness and make legally binding declarations.
