incompetent

incompetent, adj.

1. (Of a witness) unqualified to testify. [Cases: Witnesses 35. C.J.S. Witnesses §§ 87–88, 90, 92.]

2. (Of evidence) inadmissible. • This sense is often criticized, as in the quotation below. [Cases: Evidence 148. C.J.S. Evidence §§ 3–5, 197, 246–247.]

“[Incompetent] is constantly used loosely as equivalent to ‘inadmissible’ on any ground. This use should be avoided.” John H. Wigmore, A Students’ Textbook of the Law of Evidence 36 (1935).

incompetent, n. See LEGALLY INCAPACITATED PERSON.

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